Seanad debates

Thursday, 26 January 2023

Protection of Private Residences (Against Targeted Picketing) Bill 2021: Second Stage

 

9:30 am

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. Cuirim fáilte roimh an Bille freisin agus an obair atá déanta ag mo comhghleacaí, Seanadoir Malcolm Byrne. As has been said, it is regrettable that this kind of legislation is required but unfortunately it is. It is not just politicians who need to be protected, but all kinds of people, including some who are not even necessarily in the public eye as we have seen in recent times with protests against people who come this country seeking shelter taking place outside their places of residence, which are hotels in many instances. So-called protests are happening outside and it is very important, in the context of this debate, to distinguish between protests and what amounts to callous intimidation. The latter is what is involved in most of these instances.

Many Members have said that they do not want to shut down the right to protest and I agree with that. The right to protest and the act of protesting is a tremendously important component of any democratic society. It is, therefore, very important that we see this Bill not as a stricture on protest but on the kind of behaviour that goes beyond protest and strays into the area of intimidation and harassment in real terms. One identifiable point at which a line is crossed is when protesters turn up at somebody's home. There should be an ultimate protection of any person's home. One should be able to go home at the end of the day, close the front door and be secure and safe. People are entitled to peaceably enjoy their home without the threat of someone coming to their door, into their front garden, onto the road outside their house, or wherever it might be in the curtilage of their house, to destroy that peace and quiet and to destroy their enjoyment of the home. For that reason, the Bill makes perfect sense.

The definition of "residential dwelling" in section 1, which refers to "any permanent building being used by one or more occupants for residential purposes" is very broad and that is fair enough because it covers scenarios involving people seeking international protection who are staying in hotels in Dublin, for example. I welcome the fact that the Bill will go beyond those who have brought the subject into the spotlight and will include people who are very vulnerable, who have fled to this country from very difficult circumstances, either for them personally or for their society. The notion that they would come to this country, the so-called Ireland of a hundred thousand welcomes, and face a baying mob outside telling them to go home, is not acceptable. That is not protest but would fall within the definition of "protest" in the Bill.It is entirely appropriate that, in addition to considering the scenarios outlined by other Senators regarding public figures or those in the spotlight who have attracted the ire of a particular group because of something they have said or done in their professional or public role, we should be considering those who are vulnerable in their own way and need the protection of legislation exactly like this.

I agree with the sentiments expressed by Senator Malcolm Byrne and other Members to the effect that we are in a sorry state if we have to introduce a Bill such as this, but the reality is that we all know it is necessary, without even going through the examples listed by other Members or other examples that have been in the public media. We, as a Legislature, should be putting down a marker indicating that homes where people and families live are off the reservation, or out of bounds, regarding the kind of behaviour in question. Whether you call it protesting, intimidation or harassment, it is not acceptable. We should put down a marker stipulating it must not happen and that if it does and you insist on continuing to engage in it, there will be penal consequences for you. That is entirely appropriate.

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