Protest & Assembly

What should I do if I want to protest?

You have the constitutional right to freedom of speech (the right to speak freely). You also have the right to freedom of assembly (the right to gather together peacefully and without weapons). These rights are also protected under the European Convention on Human Rights. Sometimes, your right to free speech or to gather peacefully can be restricted if it would affect public order or morality

Can I gather with a group of people at any time or in any place?

You have the right to gather peacefully unless it affects public order. A gathering of people on private land that they do not own could be considered a trespass or obstruction. If the protest is not peaceful and there is violence, you could be charged with a criminal offence

What can the Gardaí do?

The Gardaí should facilitate people who choose to assemble and protest. However, under the Public Order Act, the Gardaí can restrict access to an event. They can monitor an event and if they see someone committing an offence under the Public Order Act (or other offence), they may be able to arrest that person. However, the Gardaí should never use unreasonable force in policing events.

Can the Gardaí take my photograph or video my movements at a protest event or demonstration?

There is nothing to stop Gardaí watching protest events or taking photographs or video footage. However, if they do, they must not breach your right to privacy and must comply with data protection rules. These are rules controlling how your personal information, including photographs or video, is kept, who has access to it and how it is destroyed. If the Gardaí want to use the photographs or video as evidence to prosecute you for an offence, they must get permission from a judge or senior Garda beforehand.

How should the Gardaí treat me?

The Gardaí should at all times treat you with respect. They should not have any physical contact with you unless they are defending themselves, protecting other people or property or placing you under arrest. If using force, they should use no more force than is reasonably needed in the circumstances.

Criminal Justice (Public Order) Act 1994

Garda Powers under the Public Order Act

Checklist for public order incidents:

• It is a good idea to liaise with local Gardaí before you organise a protest event.
• Always give your correct name and address if asked by a Garda.
• Always co-operate as fully as possible and remain calm.
•  Always try to do as a Garda asks you, for example to move along.
•  If you are arrested, remain calm and be as co-operative as possible.
•  If you are arrested, tell a friend what has happened and which Garda station you are being taken to.
•  Contact a solicitor as soon as possible (see the section on your rights at the Garda station).
•  If you have any issues with the way in which you are treated by Gardaí, you should contact the Garda Síochána Ombudsman Commission. The Commission’s details are at the end of the pack.