Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

20. To ask the Tánaiste and Minister for Justice and Equality if she remains satisfied that the public are adequately protected in situations where public demonstrations exceed permissible levels, including intimidating confrontations; and if she will make a statement on the matter. [38134/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware, the right to protest is guaranteed under the Constitution.

Of course, people do not have the right to behave in a way that causes others to fear for their safety, and An Garda Síochána monitors protest activity where there is potential for breaches of public order. The rule of law, human rights and the principle of proportionality are respected at all times. The policing of any protest is of course an operational matter for the Garda Commissioner.

There have been a number of protests and public meetings on the topic of immigration, and there is a small minority whose intentions are to create division and who are engaging in intimidation rather than protest at these events.

As we saw on the Prime Time Investigates programme last Thursday, what might ostensibly look like a protest can become a cover for darker forces to engage in activities that go far beyond what is acceptable.

If that line between protesting and threatening or intimidating behaviour is crossed, there are a number of provisions in our laws that apply. I am also taking a number of legislative measures to uphold public order and support An Garda Síochána. Legislation has been enacted to provide for Garda Bodycams, Garda CCTV, automatic number plate recognition, and Community CCTV.

Government has also agreed to publish a general scheme of a new bill to provide for the use of facial recognition in detecting serious crime, including riot and violent disorder. Currently, under the Non-Fatal Offences Act it is an offence to make someone believe that they are likely to be assaulted. It is also an offence to threaten someone with serious harm and it is an offence to beset someone in a way that interferes with their peace, privacy or causes them alarm or distress.

I will also be taking forward the amended Hate Crime Bill that will provide for enhanced penalties where a criminal act is aggravated by hatred towards a person because of who they are. Ireland is an overwhelmingly welcoming and open society and a small minority will not be allowed to change that.