Mattie McGrath (Tipperary, Independent) | Oireachtas source

I want to address this legislation, which I think is draconian in its overreach. We had a statement from the Garda Commissioner, as Deputy Tóibín alluded to, who said there was no need for this legislation and that we already had it. This Bill introduces new offences concerning the aforementioned prohibited conduct and implements a system of escalating penalties. It grants enforcement powers to An Garda Síochána, including the ability to issue warnings with a criminal conviction resulting in a fine of up to €2,500 and-or up to six months in prison for third and subsequent offences, as per section 5(3), which is a prerequisite for committing an offence under this legislation. Nevertheless, it is essential to acknowledge that this extensive legislation encroaches upon individuals' rights and raises concerns regarding the suppression of free speech - totally, as far as I am concerned - resembling elements of fascism. Restricting protests near abortion facilities can be viewed as an infringement of civil liberties and an undermining of democratic values.

Any supporter of democratic principles, as we all proclaim to be here, should distance themselves from this legislation as it represents a direct assault on people's rights to pray, express conscientious objections and protect their beliefs. The Bill primarily aims to stifle open discourse within a democracy, which is concerning. It is truthful to recognise the importance of preserving space for diverse opinions and maintaining democratic ideals that foster a thriving society. The introduction of the Bill not only curtails the rights to protest and pray but also sets a dangerous precedent by restricting fundamental liberties in material that echoes oppressive regimes of the past. It beggars belief that we are introducing this kind of legislation. We see what is going on today in the Middle East and many parts of the world and we proclaim to be supporters of freedom and democratic principles. It is imperative to remember that a vibrant democracy thrives on free exchanges of ideas and the ability of citizens to peacefully voice their opinions. The legislation, however, undermines these principles by suppressing dissenting voices and limiting the expression of deeply held beliefs. Surely we are entitled to have deeply held beliefs in this country in 2023.

The right to protest and the freedom to express one's religion are pillars of a democratic society. By eroding these rights through restrictive measures, we risk sliding down a slippery slope towards an authoritarian regime; I honestly believe that. The introduction of safe access zones may be seen as a response to concerns raised by stakeholders and research that highlighted the negative impact of protests on individuals seeking or providing information about pregnancy services. It is essential to ensure any legislative measures taken are proportionate, balanced and respect the fundamental rights of all citizens. We must be cautious not to create a chilling effect on freedom of expression and a right to peaceful assembly.

Balancing these rights is a delicate task that requires extremely careful consideration. The potential criminalisation of individuals who engage in prohibited conduct within safe access zones raises questions about the proportionality of the penalties. We must ensure that any sanctions imposed are moderate and reasonable.

This is total overreach. I have proudly marched down O'Connell Street many times with thousands of citizens of Ireland who believe firmly in the right to life and are pro-life. God knows, if our mothers terminated our lives we would not be here at all. That is a chilling effect. The freedom to hold democratically expressed rights and march down the main street in our capital could be prohibited under the Bill because we would be within 100 m of certain facilities. That is the case in any town or village. It is bonkers. People could inadvertently walk down the street, not knowing there was a medical facility which offers abortion services, even a doctor's surgery. The march could be interrupted and stopped. This is an outrageous and preposterous thought. To think that we would pass that into legislation is bizarre and grotesque. I cannot find words to describe it.

It is total overreach from the House if, as I believe we will, we pass this Bill. It is repugnant to the Constitution, and is certainly repugnant to me and my values and those of tens of thousands of people. The people who voted to repeal the eighth amendment did not vote for this. This is a three-card trick. They were sold a pup. Perhaps a limited number voted for this, but the vast majority did not. They were misled.

That the Government will pass this Bill, under the watch of the Minister, is preposterous and outrageous. Pro-life organisations and others want to give solace and advice, not in a menacing or threatening way. If they are doing that, they should not be. The Garda has powers under existing legislation to stop them doing that and arrest them if they do not desist. Those powers are in place. The Garda Commissioner, whom we criticise often enough, has said that he and its members have the necessary powers, but we want to be leaders in preposterous legislation. On the other hand, we will be shouting about Gaza and voting for freedom of expression and rights while we want to destroy and diminish rights. P.H. Pearse and the men of 1921 and 1923 fought for the freedom of this country, and this is the kind of freedom we want. It is outrageous.

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