The Irish Council for Civil Liberties is calling for clarity on the people’s right to protest during the COVID-19 lockdown.
The group has expressed concern over the conflicting Garda response to protests in Cork, Kerry, Henry Street and the Four Courts this week.
The ICCL's expert on the right to protest, Doireann Ansbro told Newstalk that the current regulations force individual Gardaí to decide whether protesters have a “reasonable excuse” to leave their home.
“Given the importance of the right to protest to our democracy and in particular at this time when such huge decisions are being taken with potentially a very long-lasting effect on people’s lives, a certain limited form of protest should be allowed,” she said.
“Of course they need to be small, of course they need to comply with social distancing – but it would lend great clarity to everyone whether it is protesters of to police.”
Debenhams workers on Henry Street claim they asked a number of local Garda stations if it was okay to protest once social distancing was adhered to.
This was disputed by Gardaí on patrol. pic.twitter.com/Lg11dBgfxm
— Kacey O'Riordan (@KaceyORiordan) April 21, 2020
She was speaking after gardaí broke up a Debenhams workers protest, that was calling for the thousands of people who lost their jobs due to the collapse of the company to be given a redundancy package.
The workers said they were observing social distancing and had cleared heir plan with local Garda stations; however, that was disputed by gardaí patrolling Henry Street.
I’ve just spoken to the shop Stewart coordinating the protest at Debenhams, Patrick Street, Cork.
Gardaí in Cork being described as supportive of the protest. Two members present, keeping an eye from across the road.
Completely different response @gardainfo @GardaTraffic
— Kacey O'Riordan (@KaceyORiordan) April 21, 2020
On the same day, around 100 people were pictured gathering outside the Four Courts to show their support for a High Court challenge against the COVID-19 regulations.
Speaking in the Dáil this evening Solidarity TD Mick Barry called on the Taoiseach to voice his support for the Debenhams workers.
“I would ask him if he agrees with the comment of the Fianna Fáil leader that the Debenhams workers protest on Tuesday was responsible, that it involved social distancing and that protests of that type should be allowed to proceed as a basic democratic right,” he said.
He noted that the Debenhams cases is before the courts on April 30th and urge the Government to ensure that “Debenhams are not allowed to abscond in the middle of a lockdown without paying a penny to their workers.”
Gardaí talk to workers picketing outside the Debenhams shop on Henry Street over redundancy issues, 21-04-2020. Image: Sam Boal/RollingNewsMs Ansbro said the current regulations force gardaí to decide whether someone whose job or livelihood is at stake should be allowed to exercise their Constitutional right to protest while maintaining physical distance.
“The right to protest, to voice dissent and dissatisfaction without fear of breaking the law, is a core tenet of a democracy,” she said.
“Although the right to protest can be justifiably restricted in a public health crisis for a limited period, the longer the restrictions are in place, the higher the threshold for their justification and the more urgent the need for their review,” she said.
Gardaí talk to workers picketing outside the Debenhams shop on Henry Street over redundancy issues, 21-04-2020. Image: Sam Boal/RollingNewsThe ICCL said it supports ongoing efforts to slow the spread of the virus and urged people to continue following public health guidelines.
However, it is calling on the Government to provide legal clarity on the right to protest as soon as possible.
It has also reiterated its call for authorities to carry out a full human rights assessment before any new extension of garda powers is announced.
