Seanad debates

Thursday, 26 January 2023

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

 

9:30 am

Photo of Malcolm ByrneMalcolm Byrne (Fianna Fail) | Oireachtas source

I thank the Minister of State for his response. This Bill relates to targeted protests. In the case of the example he gave of a protest arising out of an industrial dispute at a factory, its provisions would not impact on such an event, even if it took place in a residential area. I take Senator McDowell's point that the restriction of 200 m can be a challenge. The issue is really to do with targeted protests and clearly identifying them as such. In the context, for example, of some of the decisions by the US Supreme Court on similar issues concerning a march, for instance, or where somebody is moving through a particular area, something like that is not covered in the Bill. It relates to circumstances were there is, for a period of time, actions targeted against an individual in which harassment or intimidation may potentially be involved.

I welcome Senators' contributions in support of the Bill. As the Minister of State said, there is legislation in place that is relevant. However, from talking with gardaí, there is a question around the extent to which some of it is being used. If the legislation in place is strong enough, the question then arises as to why we are continuing to see some of these types of protests and actions not necessarily being taken to address them. I certainly agree with the comments by Senators Ward and Hoey that people are entitled to privacy and peace within their home, no matter how temporary that home may be. That is the principle behind the legislation.

It was important that we had this discussion. It will be very welcome to have the detail teased out before the justice committee to avoid any unintended consequences. Ultimately, we must, as Members of the Oireachtas, stand up for our profession. More importantly, as Senator Keogan said, we must stand up for the right of everybody, no matter who they are, to privacy within their own home, as is their entitlement and that of their family. When people close their front door, they should feel safe within their home. The right to peaceful protests is hugely important but those who are protesting outside an individual's home do not believe in the concept of peaceful protest. Their intimidatory actions deserve to be condemned and we must ensure the law is in place to address that.

I welcome that the Bill will be prioritised by the justice committee. I also welcome the timed amendment by the Government. I hope we can work over the course of the next year to strengthen these provisions and ensure legislation is enacted in this area.

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