Colm Burke (Cork North Central, Fine Gael) | Oireachtas source

I thank Senators Malcolm Byrne and Fiona O'Loughlin for bringing this legislation before the House and for highlighting the growing issue of targeted protests outside the homes of politicians and public figures. I completely condemn these protests. They were targeted and personalised in nature and have had an impact not just on the persons involved but their respective families and neighbours.

The Bill will make it an offence for a person who “organises or engages in ... a protest within 200 metres ... of a residential dwelling”. Anyone found guilty of a summary offence under the proposed legislation shall, upon conviction, be subject to a class D fine of up to €1,000. A person guilty of a second or subsequent offence shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.

While people have the right to protest, and of course that right must be respected, people do not have the right to do this in a way that causes others to fear for their safety or in a way that threatens public order. Public representatives across the political spectrum, and not just in Ireland, are facing increasing levels of personal intrusion and abuse. It is a danger to democracy if public representatives feel their safety is at risk because of the job that they do.

In considering the introduction of new laws, it is important also to reflect on the laws that currently exist. A range of existing offences may apply to protests outside the homes of individuals. The Criminal Justice (Public Order) Act 1994 provides for an offence of disorderly conduct in a public place in section 5; an offence of threatening, abusive or insulting behaviour in a public place in section 6; an offence of distributing or displaying in a public place material which is threatening, abusive, insulting or obscene in section 7; an offence of failing to comply with direction from a member of An Garda Síochána in section 8; an offence of wilful obstruction in section 9; an offence of entering a building or the curtilage thereof as a trespasser with intent to commit an offence or for the purpose of trespass in section 11; an offence of trespass on any building or the curtilage thereof and for a Garda power to direct a person to desist from trespass and to leave in a peaceable manner in section 13; an offence of riot in section 14; and an offence of violent disorder in section 15.

Section 23A of the 1994 Act provides for a Garda power to issue a fixed-charge notice on a person where the Garda has reasonable grounds for believing the person is committing, or has committed, an offence of disorderly conduct under section 5. Section 24 provides for a power to arrest without warrant a person committing one of a list of offences under the 1994 Act, including those specified in sections 6, 7 and 8 as described above. The Non-Fatal Offences Against the Person Act 1997 provides for an offence of making a threat, "by any means intending the other to believe it will be carried out", to kill or cause serious harm to a person in section 5; an offence of coercion in section 9;and an offence of harassment in section 10. There is also a common law offence of breach of the peace that includes behaviour that threatens harm to a person and-or to their property once the person is present. Members of An Garda Síochána have the power of arrest for breach of the peace under common law.

The Bill before the Seanad seeks to address an issue that affects all public representatives and other individuals who have been, or may be, subjected to alarming and intimidating protests at or near their homes. Such behaviour has direct consequences for the safe participation in public life and the protection of the democratic institutions of the State. The Minister for Justice wants this issue to be properly considered and the introduction of new laws fully assessed. Given the wide cross-section of persons affected and the complexity and importance of balancing the fundamental right to protest with the necessary protection of the democratic process, the Minister will write to the Oireachtas Joint Committee on Justice to ask that it do further detailed consideration of the Bill. This would provide the space to consider submissions from key stakeholders, debate the constitutional implications and fully discuss and explore other practical issues and consequences that may arise as a result of the proposals, including any unintended consequences.

This is basically what the Minister has asked me to convey as her message to the Seanad. She does wish this matter to be dealt with and that this Bill be referred back to the Joint Committee on Justice in due course once it has gone through the process in this House.