The State has a constitutional obligation to protect freedom of expression and peaceable assembly but they are not absolute rights, a state of affairs reflected in statements issued on Wednesday by Minister for Justice Jim O’Callaghan and An Garda Síochána in relation to the fuel protests.
The obligation of the State to protect peaceful assembly is outlined in the Constitution. But so too is the right of the State to introduce laws to prevent or control meetings “calculated to cause a breach of the peace or to be a danger or nuisance to the general public.”
Section 9 of the Criminal Justice (Public Order) Act 1994 says any person “who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place shall be liable on summary conviction to a fine not exceeding £200.”
The Garda have the right to sanction people for parking in places where they have no right to park, and remove vehicles that are causing a disruption. People who interfere with the Garda when carrying out their duties can be charged with a crime.
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In its statement, An Garda Siochana said it respects and facilitates the right to protest, but must also protect the rights of individuals to travel freely, and of commercial organisations to conduct business.
The fuel protests have included blocking motorways and the delivery of fuel from oil depots in Galway and Foynes, Limerick, and Whitegate, Co Cork, to service stations around the island. They have also hit stores, restaurants and other businesses already struggling with increased energy costs, who now have to deal with reduced turnover due to customers staying at home, and staff being unable to reach their workplace.
“The situation at the moment is interesting,” says barrister Niamh Barry. “Generally speaking, the Garda try not to jump in in a heavy-handed way. They might not take action until [disruption] reaches a certain level. [They] take a measured approach.”
When trying to make a judgment call in relation to how to respond, issues such as national security, public safety, the prevention of disorder, and the protection of the rights and freedoms of others have to be considered, according to Emily Williams, policing and justice policy officer with the Irish Council for Civil Liberties (ICCL).
The behaviour of the protesters, including whether emergency vehicles such as ambulances are being impeded, is also a factor, she said.
The assessment of the balance of rights can change as time passes, or the behaviour of the protesters changes, she said.
[ Who are the protesters and how long could it last?Opens in new window ]
The ICCL was not in a position to say whether the assessment being made by An Garda Síochána in relation to the current fuel protests was correct, Williams said. The council would be concerned if the idea spread that protests require permission from the authorities, which they do not.
The gardaí said they were aware the protests were causing significant disruption, including interfering with the work of the emergency services, and causing people not being able to attend hospital appointments. “A small number of fuel depots are also being blocked,” they said.
O’Callaghan, in a statement issued after he met the senior Garda officers responsible for policing the protests, also addressed the issue of balance.
“I emphasised to them that while Government respects the right to protest, that right must be exercised lawfully and must respect the rights of others to earn a livelihood or to move freely,” he said. “I also informed the gardaí that it is essential our ports and fuel depots remain open and fully accessible.”
