Ireland: New Public Order Bill
01 November 1993
Justice Minister Maire Geoghan-Quinn introduced a new Criminal Justice (Public Order) Bill in the Dail shortly before the summer recess. The Bill appears to be a response to a widely reported spate of attacks on tourists and others in Dublin city centre over the summer. The fear is that the new offences designated in the Bill will be used, not to make the city centre safer, but to criminalise political activity. The Irish Council for Civil Liberties has described the Bill as having "horrendous ramifications" for citizens' rights. The fourteen new offences detailed in the Bill make it "the most crime creative weapon in the state's arsenal since the Second World War".
When the Bill was first published, it included an offence, punishable by three months' imprisonment and/or IR£500 fine, to act in a disorderly manner at a public meeting, or to incite others so to act, "with or for the purposes of preventing the transaction of the business of the meeting". This has now been dropped. The following new offences, amongst others, remain in the Bill, however it will be an offence in any public place between the hours of midnight and 7am to engage in any shouting, singing or boisterous behaviour (including the playing of radios or musical instruments) such as would be likely to annoy anyone in the vicinity. It will be an offence for any person in a public place to distribute or display any writing, sign or visible representation which is threatening, abusive, insulting or obscene with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned. it will be an offence for any person in a public place to use or engage in any threatening words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned. It will be an offence to enter a building as a trespasser with the intent of committing an offence, and if the presence of a person in such circumstances gives rise to the reasonable conclusion that the person has the intention to commit an offence then it will be up to them to disprove it.
The Bill contains several clauses on "riot" and "disorder" which are so broad as to seriously compromise freedom of assembly. The United Nations Committee on Human Rights has expressed concerns about some of the provisions in the Bill.
The Sunday Tribune 29.8.93; APRN 18.11.93.