Malcolm Byrne (Fianna Fail) | Oireachtas source

I move amendment No. 1:

To delete all words after "That" and substitute the following: "Seanad Éireann:

condemns:

- any attempt to promote division and hostility towards those who come to Ireland seeking safety;

notes that:

- the right to protest peacefully is enshrined in the Constitution and the European Convention of Human Rights;

- balancing the right to protest with protecting the public and upholding the law is a complex task, and that An Garda Síochána, through its human rights-led approach to policing, seeks to uphold and protect the right to freedom of assembly and the right to protest, while also upholding the law and protecting the public and businesses;

- people do not have the right to protest in a way that causes others to fear for their safety or in a way that threatens public order;

- there is a range of legislation under which threats and intimidation can be prosecuted, including the Non-Fatal Offences Against the Persons Act and under Public Order

legislation;

- any proposal to restrict the right to protest would have to be carefully considered;

calls on:

- An Garda Síochána to continue to provide an effective policing response to known and impromptu protests to ensure public safety;

and resolves that:

- the Bill be deemed to be read a second time this day 12 months, to allow for scrutiny between now and then by the Joint Committee on Justice, in order to consider submissions on this issue and to consider any issues of a constitutional nature that might arise, and to fully discuss and explore other practical issues and consequences that may arise as a result of the proposals, including any unintended consequences, and for the Joint Committee on Justice to make recommendations, to be considered further by Seanad Éireann."