Written answers

Wednesday, 22 January 2025

Department of Justice and Equality

Legislative Measures

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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1034. To ask the Tánaiste and Minister for Justice and Equality if her proposal to ban face coverings at protests will be an outright ban, as per the proposal in the draft Programme for Government; and if she will make a statement on the matter. [1728/25]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will appreciate, the incoming Government has set the priorities in the draft Programme for Government. Work to progress these commitments will commence on the appointment of the new Government. The Deputy will appreciate that, as a result, timelines or operational details on policy proposals are not yet available until work programmes are agreed.

The right to protest is enshrined in the Constitution and in law. It is the responsibility of everyone who wishes to engage in protest to do so in a peaceful manner and never in a way that infringes on the safety and rights of others.

The Garda authorities are responsible for monitoring protests, including the maintenance of public order. I am informed by Garda management that their approach to policing protests is predicated on keeping people safe, preventing anti-social and criminal behaviour, and the management of traffic.

In the context of the recent increase in public order incidents related to the housing of applicants for international protection, the Garda Commissioner has asked that I consider amending the Criminal Justice (Public Order) Act 1994 to allow members of an Garda Síochána to direct protesters to remove face coverings where the face covering is worn for the purposes of intimidating others.

In October I secured government approval to provide a power for An Garda Síochána to direct the removal of face coverings in public places where such coverings are worn for the purpose of intimidating others or concealing the person’s identity in order to evade justice.

The development of legislation is a complex task which requires consideration of all the potential implications of any change to the law.

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