McEntee wants to use anti-terror legislation to prevent future intimidation by far-right protesters

Offences Against the State Act to be considered with enhanced security around Dáil on budget day

Protesters outside Leinster House on Wednesday as the Dáil resumed after the summer break. Photograph: Gareth Chaney/Collins Photos
Protesters outside Leinster House on Wednesday as the Dáil resumed after the summer break. Photograph: Gareth Chaney/Collins Photos

Minister for Justice Helen McEntee is to ask An Garda Síochána to consider using anti-terrorism laws to prevent a repeat of this week’s far-right protest outside Leinster House.

The Garda is also being asked to undertake a security and protection review of elected representatives and staff working on the Oireachtas campus amid concerns that next month’s budget day will see similar disruption and intimidation.

Thirteen people were arrested during Wednesday’s protests. Most of these were detained as they attempted to block staff from leaving the building.

Gardaí are currently examining CCTV and social media footage of the protest, which featured a mock gallows, to identify other offenders.

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The nature of the protest has caused widespread shock in political circles and has prompted calls for increased security around Leinster House, including a possible “sterile” zone, and more active measures targeting far-right activists intent on committing offences.

Sources said Ms McEntee is to ask Garda Commissioner Drew Harris to examine the possibility of using the Offences Against the State Act 1939 to prevent protesters from disrupting Government business in future.

The Act, which introduced internment and the first Special Criminal Court, was designed to suppress the IRA in advance of the second World War.

Specifically, Ms McEntee wants to see increased use of section 7.1, a rarely used part of the Act which criminalises the use of violence or intimidation in the obstruction of “the carrying on of the Government of the State”.

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Who are the Oireachtas protesters and what were they protesting against?Opens in new window ]

Anyone advocating or encouraging such obstruction would also be guilty of an offence under the section.

Sources said the move is designed to signal a more muscular response to threats to politicians’ safety and to intimidating demonstrations.

In a statement on Friday, the Department of Justice said the Minister has also asked her officials to determine whether existing legislation is “sufficient to deal with intimidation centred on our democratic institutions, and is also consulting with the Attorney General on this”.

Disturbance at Dáil Éireann

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Chairs of the parliamentary parties and groupings in the Oireachtas and staff and media representatives will be asked to contribute to the security review and will meet the Garda as part of the process. The review is expected be concluded by the end of October.

The review, the department, will also feed into other work being carried out under the auspices of the Oireachtas and elsewhere, including the taskforce on safe participation in political life being run by former garda commissioner Nóirín O’Sullivan, and the security review announced this week by the Ceann Comhairle.

According to senior officials, there will be a significantly enhanced security presence around the Dáil on budget day, October 10th.

One senior source, involved in discussions on the issue, said Wednesday’s events were a “wake up call” and that there would be preparations to ensure that budget day – which traditionally has seen demonstrations outside Leinster House – does not see a repeat of the scenes witnessed this week.

“We’ll have to have measures in place for that, and we will,” the source said. Another official said it is unlikely that anyone will see mock gallows outside Leinster House again.

It was a long, depressing day as dangerously emboldened thugs descended on the DáilOpens in new window ]

Ms McEntee said justifiable concerns have arisen in light of recent incidents and protests.

She said there has been a “significant increase” in the level of abuse targeted at politicians and their staff, both on and offline, and that there had been a “noticeable deterioration” in the tone and content of some “increasingly personalised” commentary on political and public affairs.

“We saw this aggression and coarseness evident in the disturbing scenes outside Leinster House this week. I am determined to take all steps to ensure this does not develop further,” Ms McEntee said, adding that a “small minority” must not be allowed to deter people from engaging in public life.

“Ireland is not immune from the coarsening of debate and physical risks that we have seen elsewhere so we will take all necessary steps to ensure the safety of all those who participate in public life.”

Conor Gallagher

Conor Gallagher

Conor Gallagher is Crime and Security Correspondent of The Irish Times

Jack Horgan-Jones

Jack Horgan-Jones

Jack Horgan-Jones is a Political Correspondent with The Irish Times

Pat Leahy

Pat Leahy

Pat Leahy is Political Editor of The Irish Times