Dr. David Kenny:

Yes, it is possible for the Government to regulate protest under the powers currently given to the Government under the Acts. There is then a question of whether that raises a rights or constitutional concern because there are clearly speech and assembly concerns with the restriction of protest.

In terms of what my view would be, it would be desirable if the regulations that were being made specifically addressed if protests were possible and in what circumstances, perhaps making very clear what guidelines need to be followed and then making any protest outside of that something that the regulations prohibited, if it was thought necessary to introduce prohibitions. I note that this is one of those areas where it is problematic that regulations can be made and there may be an omission of something like this and the House does not necessarily get input into that. It could be that in future legislation or amending legislation some reconciliation of a right to protest with future regulations that might be made could be put in primary legislation as something that the Minister would have to consider or bear in mind in introducing new restrictions.