Malcolm Byrne (Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I am grateful that the Government is accepting the principle of what we are seeking to achieve here. I am happy therefore both in moving this Bill, to move the proposed Government amendment and to accept it. This will allow for consideration of this Bill, it is a timed amendment, and it will allow for the Bill to go before the justice committee. My friend and colleague, Deputy James Lawless, as Chair is going to be quite happy to have engagement, debate and consultation with relevant and interested stakeholders.

I introduced this Bill in late 2021. At the time we saw a significant number of protests outside the homes of politicians, journalists and medical professionals. I am a strong advocate of the right to peaceful protest. It is healthy in any democracy that we have protests and that there is a way for people to express their anger, their opposition or their support for particular measures. Just prior to this debate, I went outside for a few minutes. There are two protests currently outside the gates of Leinster House. One is on the issue of forestry and I engaged with some of the people who are protesting there. As I was walking by the other protest some people shouted abuse and they name-called me and a number of other public representatives. I defend their right to protest. Indeed, if they want to call me abusive names I will defend their right to do so.

This legislation is about where we should allow people to protest. It is not acceptable to protest outside the homes of individuals. It is not just the individual within the home who is targeted, it is often their families as well. It can also be disturbing for their neighbours. This legislation introduces a very specific offence to address the question of a targeted protest against an individual in his or her principal private residence.

This Bill will strengthen the Garda's hand and it will ensure that those who decide to take this kind of action will think twice before doing so. The sanction that I set down will be a fine in the first instance but where somebody is a repeat offender, as found by the courts after prosecution, he or she should face a prison sentence. If one is unhappy with the policy of Government or anyone else one can protest outside the gates of Leinster House. One can protest outside a Government Department or agency, or outside constituency offices. There are plenty of places in Ireland where one can protest. Gardaí handle protests quite well, even in difficult circumstances. We should always defend that right to freedom of expression that allows people to do so.

I would really prefer that this legislation were not necessary. I would really hope that most people in this country would have the cop on to know that one does not go to an individual's private home to take up a grievance. Unfortunately, there is a very small minority that does. I think most of those who take part in protests and vigils would have nothing to do with that minority. I find it rather ironic that some of those who protest outside politicians' homes claim they are motivated by family values and yet have very little respect for the sanctity of the family home. In all of the decisions we make in this House we have to look at how we balance rights and responsibilities. The right to protest cannot be without restrictions. There are obviously requirements around a protest being peaceful. There are also counterbalancing rights, such as an individual's right to privacy and the right of an individual's family not to be harassed or intimidated.

There has been legislation on this in other countries, most notably in the United States and Canada. In the United States, restrictions that have been introduced on targeted protests outside individuals' homes have been upheld to be constitutional. There is a famous 1988 U.S. Supreme Court case, Frisby v. Schultz, which concerned an ordinance in Brookfield, Wisconsin. In that circumstance, it prohibited targeted picketing of a residence or dwelling. The court upheld it because it was said that there were adequate alternative ways for the protesters to communicate their views. They could use other channels such as going on marches or distributing leaflets to express their point of view. This is starting to become a bigger issue in the United States. Not only are we seeing protests outside the homes of politicians and journalists, we are now seeing protests outside the homes of judges. The question is how an individual's private home is to be protected.

Similar legislation is being introduced in Canada. In Nova Scotia there were a series of protests outside the home of the chief medical officer. He would have been quite happy if they protested outside his offices or the department of health but it is entirely inappropriate for that sort of protest to happen outside a public servant's house. Having dealt with a number of these cases, the position in the United States and Canada now seems to be that so long as the protest does not linger and is carried out without the intent to intimidate, it is held to be legitimate and in the United States to be constitutional. There are strong protections in our Constitution around the family home and rights to privacy.I believe that those rights act in counter to those who choose to protest outside an individual's private home.

I would have hoped we would never have to bring in legislation like this. I am sure nearly everybody in these Houses has at some stage in their lives taken part in a protest of some sort, on some issue. Most people in Ireland have been involved in a protest. It is one of the cornerstones of our democracy but none of us would ever countenance the idea of going to an individual's private home to protest outside it. We know and we have the cop on where we need to take our grievances.

With regard to recent controversies, if one has a grievance about Government policies on Covid or vaccination, or immigration, one takes the protest outside the gates of this building or outside the relevant Department. If someone has a problem with the Government's immigration policy, then the protest should take place outside here or outside the Department of Justice. Those are the correct places to protest. There are plenty of media outlets that can articulate a protester's point of view.

As democrats, we should defend the right of people to be able to express themselves. However, it has to be done in a responsible and accountable way and other individuals' rights have to be taken into account. I will not name instances but I think it is horrific that we know of people who have had protests that were designed to harass and intimidate outside their homes and where their spouse or partner and, in some cases, their children were in that home. It is just not acceptable. We need to strengthen the legislation in this area. The Garda has said that it has limited powers in this area. This is something that we need to take seriously. I am grateful that the Government has indicated support for the principle of the Bill and I look forward to the justice committee debating it in detail so that we can get legislation and we can protect an individual's right to privacy and freedom within his or her own home.