Minister for Justice Helen McEntee is to request urgent drafting for new laws governing the wearing of face masks at protests amid fears they will not be enacted if the Taoiseach calls an early general election.
The Attorney General is understood to have given the green light to the laws, which are due to go to Cabinet next week, but he has cautioned that drafting the legislation and the operation of the power will be complex, requiring careful consideration and further advice.
Under the proposal being developed by Ms McEntee, a garda will decide on the ground whether a person is wearing a face covering in public to intimidate others or conceal their identity in an effort to evade justice, rather than there being an outright ban on face coverings at protests.
Senior Government figures now believe it will be challenging to pass the legislation if Simon Harris calls an election in November.
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Ms McEntee will seek to amend the Criminal Justice (Public Order) Act 1994 to allow a garda to require someone to remove a face covering if they believe it is being used to intimidate others or to conceal a person’s identity in a manner that would impede a Garda investigation. Failing to comply with the orders of a garda to remove a face covering could result in a fine of €1,000 or up to six months in prison.
While Garda Commissioner Drew Harris has already been consulted, the Government is expected to undertake further consultation when preparing the new laws to ensure it is compliant with human rights obligations and provide gardaí with effective tools to police violent protests.
Government figures are expecting a complicated process which will have to account for different use of face coverings, which are widespread in other contexts such as use by delivery drivers, as well as potential debates over the wearing of niqabs and other face coverings.
Fianna Fáil TD for Dublin Bay South Jim O’Callaghan is also warning that the legislation should be subject to close examination by the Oireachtas Committee on Justice, which he chairs. “Any such legislative change will require careful and detailed consideration by Government and the justice committee. It is not something that can or should be rushed for political convenience.”
Mr O’Callaghan said it was possible it could be enacted before a general election if it were held next year.
[ Violence at Coolock protest site ‘has not reoccurred’, High Court toldOpens in new window ]
The Government believes a small minority of people are exploiting the right to protest with the intent to intimidate and threaten others, covering their faces in an effort to cause alarm, fear and distress, while sometimes using aggressive behaviour or language. While such behaviour may be covered by existing criminal justice or non-fatal offences against the person legislation, gardaí have petitioned the Government for enhanced powers in cracking down on people who cover their faces.
The wearing of face coverings has been a feature of high-profile protests in recent months, such as during widespread disturbances and rioting in Dublin in November 2023, and during demonstrations against planned migrant accommodation at Coolock in north Dublin earlier this year, which also saw violent clashes with gardaí.
Masked protesters have also assembled at the homes of high-profile politicians such as Minister for Integration Roderic O’Gorman and the Taoiseach as well as Opposition figures including People Before Profit TD Paul Murphy.
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