Paul Murphy (Dublin South West, RISE)
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83. To ask the Tánaiste and Minister for Justice and Equality if she will consider changing the law to make the expression of non-violent protest a defence against a charge of criminal damage; and if she will make a statement on the matter. [8734/22]

Paul Murphy (Dublin South West, RISE)
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Last week two climate change protestors, Orla and Zac, were up in court charged with criminal damage. Orla was alleged to have painted "No more empty promises" on Iveagh House and Zac was simply alleged to have filmed the incident, but they could both face years in prison for some paint on a building that was washed off in a couple of days. In the UK the Colston four were acquitted because the jury found that their actions in tearing down a statue of the notorious slave trader Edward Colston were justified. Should we have a similar defence available here?

James Browne (Wexford, Fianna Fail)
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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.

Paul Murphy (Dublin South West, RISE)
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Who are the criminals here when we look at the world hurtling towards climate disaster? Is it the big oil companies, those who want to burn $5 trillion of fossil fuels under the ground to maximise their profits at the expense of humanity and our planet? Is it the governments which know about and accept the science but choose to do precious little about it? Alternatively, is it those who speak out and say "No more empty promises"? They are the people who are being prosecuted. That is the choice that is being made. Aislinn O'Keefe, the ROSA activist in Limerick, is being prosecuted for allegedly organising a protest against gender-based violence at a time when 999 calls were being ignored by the gardaí in terms of domestic violence. What are the priorities of this State when it comes to balancing the rights the Minister of State talks about?

James Browne (Wexford, Fianna Fail)
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As the Deputy will agree, climate is the defining challenge of our time. In Ireland we are already experiencing the result of this through flooding, more extreme weather and rising sea levels. As the threats from climate change increase, so does the need for urgent action to address them. The Government recognises this and is taking ambitious climate action steps as necessary to ensure a sustainable future nationally and globally. The programme for Government commits to some of the strongest climate targets in the world and these have been legislated for in new climate legislation. The Government is creating and implementing policies and strategies to achieve its long-term goal of transitioning to a low carbon, climate-resilient and environmentally sustainable economy by 2050. The Government recognises the vital role of the public in addressing climate change and facilitates public engagement and participation, supporting citizens, businesses, communities and organisations in taking action.

As the Deputy is fully aware, I cannot comment on individual cases.

Paul Murphy (Dublin South West, RISE)
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While the Minister of State cannot comment on individual cases, he or the Government could commit to changing the law to ensure that such prosecutions do not happen again. It is an incredible situation that public money is being spent to pursue two young climate activists who could face years in jail for allegedly painting a slogan on a building and filming it or, in the case of Aislinn O'Keefe, a fine for allegedly organising a socially distanced protest against gender-based violence. That is a question of political priority. The only conclusion I can draw is that the Government wants to be able to continue to make empty promises. That is all the Government has to do on climate change. The carbon budgets do not even meet the programme for Government commitments, never mind what the science demands, which is a lot more than that. Empty promises are all the Government has and, therefore, I salute those who take action and engage in civil disobedience to highlight that. They should not be criminalised for such action.

James Browne (Wexford, Fianna Fail)
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As the Deputy will be fully aware and as I have already stated, the right to protest peacefully is enshrined in the Constitution and protected. An Garda Síochána takes a human rights-led approach to any protest situation and seeks to uphold and protect the right of freedom of assembly and the right to protest. It also upholds the law and protects the public and businesses when such protests are being carried out. The balance is always struck but the primary protection is the Constitution. I cannot comment on any particular case.