Written answers
Wednesday, 17 September 2025
Department of Justice and Equality
Legislative Measures
Malcolm Byrne (Wicklow-Wexford, Fianna Fail)
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884. To ask the Tánaiste and Minister for Justice and Equality his position on the Protection of Private Residences (Against Targeted Picketing) Bill 2021; if he is minded to adopt the legislation or introduce similar legislation; and if he will make a statement on the matter. [48374/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The right to protest peacefully is enshrined in the Constitution and in primary legislation. Balancing the right to protest with protecting the public and upholding the law is a complex task. An Garda Síochána, through its human rights-led approach to policing, seeks to uphold and protect the right to freedom of assembly and to protest, while also upholding the law and protecting the public and businesses.
As the Deputy knows, there have been protests outside politicians' homes which have been intimidating. While we all want to protect the right for people to protest peacefully, it is important that we do everything that we can to protect those who are democratically elected and have a mandate to represent their constituents and to work on behalf of this country.
The Protection of Private Residences (Against Targeted Picketing) Bill 2021 is currently at second stage before the Dáil Eireann. As a Private Member's Bill, once published, it is now the property of the Houses.
As the Deputy will be aware, I have recently published the General Scheme of Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025, which will empower Gardaí to require a person to remove a face covering in particular circumstances, as outlined in the Programme for Government.
This will be achieved by amending the Criminal Justice (Public Order) Act 1994 to permit members of An Garda Síochána to require a person to remove a face covering where a member reasonably suspects that it is being worn to intimidate others or to conceal the person’s identity in order to facilitate the commission, or hinder the investigation, of an offence.
This will serve as a deterrent against disorderly conduct and intimidation at protests and in other public places. It will provide Gardaí with an express power of enforcement and ensure a more consistent approach in handling such situations.
We need to send a message that any type of intimidation, or any type of behaviour that sets out to cause harm or fear to an individual or his or her family, will not be tolerated.
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