James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this important question. As he will be aware, the right to protest peacefully is enshrined in the Constitution and under the law. It is an essential part of our democracy. An Garda Síochána, through its human rights-led approach to policing, seeks to uphold and protect the right to freedom of assembly and protest while also upholding the law and protecting the public and businesses. Balancing the right to protest with protecting the public and upholding the rule of law is a complex task, and the Garda reviews its actions and responses in that regard regularly. I am assured by the Garda Commissioner that members of An Garda Síochána receive detailed training based on a "human rights first" approach to any protest.

This approach was acknowledged and commended by the Policing Authority over the course of its 16 reports on policing performance during the Covid-19 pandemic. This balance and emphasis on human rights is also reflected in the relevant statutes governing the right to protest and criminal damage, respectively the Criminal Justice (Public Order) Act 1994 and the Criminal Damage Act 1991. There are no plans to amend the Criminal Damage Act to incorporate a defence of protest.

As the Deputy will be aware, the enforcement of the law, including governing protest and criminal damage, is a strictly operational matter for the Garda Commissioner. As Minister of State, I have no direct role in it. The decision to prosecute any member of the public for any crime is a matter for the Director of Public Prosecutions, who is independent in the exercise of her functions. As a Minister of State, I cannot comment on any decision made by the DPP. Once the DPP has decided to prosecute, the outcome of any such prosecution is decided by the courts, who are, subject only to the Constitution and the law, independent in the exercise of their functions.

As the Deputy will be fully aware, it is not appropriate for me to comment on any case that is before the courts.

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