The latest proposition to criminalise the donning of masks at demonstrations deemed to be “menacing” epitomises the reactionary law-making that has become synonymous with Helen McEntee, Minister for Justice. This came to light on August 5th in the news story titled “Balaclavas to be prohibited if used to ‘intimidate’ in upcoming plans”.
The Constitution, together with the European Convention on Human Rights, safeguards the right to voice opinions peacefully and the liberty of expression. These privileges are upheld irrespective of the potential controversy or unpopularity of the protesters’ views and intrinsically include the freedom to choose one’s attire while expressing their views.
Notwithstanding whether a protestor is masked or not, if they engage in violent acts or disturb peace, they can be arrested or asked to leave, rendering a clothing ban pointless. However, banning specific clothing items during peaceful protests could potentially violate an individual’s constitutional rights.
In a historical ruling in 2022, The European Court of Human Rights found Vladimir Putin’s ban on mask-wearing at protests opposing his government to be in violation of the convention, as long as the masked individual was peaceful.
In Ireland, balaclavas are associated with the IRA and similar groups. It would be truly remarkable for a nation that lived through years of terrorist aggression without outlawing balaclavas to suddenly implement the said ban following several turbulent protests.
The last legislative effort to prohibit a piece of clothing was through the Wearing of Uniform (Restriction) Bill 1934, aimed at forbidding the Blueshirt uniform. This Fianna Fáil government’s initiative ultimately failed due to resistance from the Free State Senate and the Supreme Court.
It is disheartening to note that a Justice Minister from Fine Gael, after ninety years, could put forth a law that appears futile, unenforceable, and potentially in violation of the constitution. This law, sadly, only exposes our courts and law enforcement to mockery. – Yours faithfully, BARRY WALSH, Clontarf, Dublin 3.
The recent recommendation by the Minister for Justice for a ban on wearing balaclavas at protests seems like yet another impulsive response to the deteriorating public order situation. Helen McEntee perhaps failed to notice that the majority of balaclava wearers during riots, apart from the real far-right orchestrators, are individuals under eighteen. Considering the current gentle law enforcement approach, it is challenging to arrest these individuals. Moreover, they are unlikely to be sentenced to prison if they appear in court.
Addressing the escalating issue of juvenile crime and antisocial behaviour calls for a dual method: increased funding for services for the youth, particularly in disadvantaged locations like Ballyfermot, Coolock and Darndale, and reinstating a correctional facility for juvenile serious offenders.
Oberstown Children Detention Campus in Lusk, Co Dublin, now accommodates a blend of consistent offenders and convicted killers due to the shut down of St Patrick’s Institution by the State in 2017.
Given the abundance of State funds, wouldn’t it be apt to implement a Norwegian style scheme for the acute criminal faction among our troubled youth? This could prevent them from overwhelming our adult prisons. – Yours faithfully, MICHAEL FLYNN, Bayside, Dublin 13.