Malcolm Byrne (Fianna Fail) | Oireachtas source

I propose an amendment to the Order of Business, that No. 14 be taken ahead of No. 1.

I propose to introduce the Protection of Private Residences (Against Targeted Picketing) Bill 2021. Following on from Senator Ó Donnghaile, while we are talking about the right to protest, and it is a very important right in this country that we should protect and stand up for, with every right comes responsibilities. Sadly, while the majority of protests in this country are done in a responsible way, we have seen small fringe elements who have taken it into their own hands and decided to picket outside individual’s homes. It is not just politicians. We have seen journalists and the Chief Medical Officer being subjected to this kind of abuse. Frankly, I do not think it is acceptable. We need to give the powers to gardaí to be able to address this.

For every right, there are also responsibilities and there are competing sets of rights. Alongside the right to protest there is the right to privacy, which an individual has, and the right to a family home. It is often not just the person who is the subject or target of that protest who is affected. It is their family and it often involves children and, indeed, their neighbours. Article 8 of the European Convention on Human Rights, which is part of Irish law, very clearly respects that right to privacy. Under our Constitution, it has been held as one of the unenumerated rights. This very specific type of legislation was upheld by the US Supreme Court in 1988. It is important we now protect individuals’ private homes.

I am happy to introduce the Bill today. It will proceed as a Private Members’ Bill but I hope the Government will consider taking it on board.