Michael D Higgins (Galway West, Labour)
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Question 573: To ask the Minister for Justice, Equality and Law Reform the legislation or Ministerial Order, or section thereof, which conferred authority on Gardaí to prohibit the release of balloons at a public, peaceful gathering in Galway (details supplied); and the source of authority for such Gardaí leaning into a private car and puncturing said balloons. [25817/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that an anti-war demonstration was advertised to coincide with the Salthill Air Show on Sunday 25 June 2006. The advertisement stated that 99 helium filled balloons would be released as part of this protest. As a result of this local Garda management consulted with the Irish Aviation Authority and were advised that the Authority had placed a six-mile air exclusion zone around the Salthill area from 9 am on 25 June 2006. The Authority also advised that the releasing of the balloons would put aircraft attending the show and using Galway Airport in serious danger.

I am further informed that the protestors were advised by Gardaí in advance of the proposed demonstration of the danger posed by the release of the balloons.

On 25 June 2006 protestors gathered to hold their demonstration. Gardaí were detailed for duty at this demonstration. At approximately 1pm the protestors began taking helium filled balloons from a van. The Garda authorities, fearing for public safety and in light of the advice from the Irish Aviation Authority, took preventative action. Section 7(1) (b) of the Garda Síochána Act 2005, confers on members of An Garda Síochána the duty to protect life and property.