Funferal

Galway by-laws deferred

Galway city council has decided to defer voting on by-laws that restrict the right to freedom of speech, assembly, and action. I had emailed the councillors with my reservations, and it seems that many others had too. Michael D. Higgins TD had lodged objections himself, and several hundred people turned out on Monday night to protest against the regulations. Favorite quote from the coverage:

A number of councillors complained they heard bad language and cat-calls as they entered.

I include, below, the letter I sent to councillors and TDs. I am unable to point you towards the actual proposals, as I was only able to get a faxed version. Apart from the proposals on assembly, there are also proposals on flyers – which I had got the impression were passed in May (and which bans distribution of material relating to a product or event) – which are now similarly far from certain of implementation.

A Chairde,
I have been very concerned at news of the proposed bye laws on use of public parks, and I ask you to oppose them when they come up for debate at City Council. In particular I am concerned at the proposed prohibition on public meetings “except with written permission of the Council.” The reasons for my opposition are several:

1. Public meetings involve members of the public becoming involved in matters of public concern. This is something to be fostered in a democratic society, rather than opposed.
2. Where problems arise, they can be dealt with through existing legislation. There is no need for this law.
3. No definition of ‘public meeting’ is provided. It is conceivable that the regulations could be enforced against those who do not intend to be in breach of the laws.
4. The ban runs counter to the spirit, and perhaps the letter, of the constitutional support for the right of assembly. Article 40 6 ii provides for “the right of the citizens to assemble peaceably and without arms.” Only those meetings which “are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public” can be controlled (other than certain meetings held close to the Houses of the Oireachtas, hardly a concern of Galway City Council). Accordingly, the following points arise:
   • The proposed law would leave it open to the council not to provide permission to a meeting which is legally protected under the constitution.
   • The provision, by requiring written permission, moves the control of meetings to becoming a prior restraint. This is an important difference from authorising Gardaí to police events as they develop. Rather than responding to an actual problem, it places a burden on those who wish to engage in an otherwise lawful, constitutionally-protected, and praiseworthy activity.
   • It would prevent meetings from being planned on short notice. It would put organisers at the mercy of officials in exercising their rights.
   • There are no guarantees that written permission will be provided within a fixed period of time. Nor are there guidelines for staff regarding what type of requests may be declined. Nor are there guarantees that a process for the acceptance of requests shall be established and advertised.

As someone who has lived in Galway for most of my life, and a student of political activity, I am upset that my home town is considering implementing such deplorable regulations. The legalistic and paternal attitude reflected not only in the section I have referred to, but also in the general controls on activities such as skating and kite flying, should not be a mark of a modern democratic society. (Incidentally, the concentration on only allowing activities in certain areas, rather than allowing certain areas to be declared out of bounds for such activities, further exemplifies this approach.) As with the ban on meetings, I see little that is proposed that is not sufficiently controlled by existing legislation. I urge you to oppose these regulations, or at the very least to ensure that they are amended to remove the egregious sections.
I would appreciate a response on this matter, indicating your position on the proposals. Where you intend to support them, I would appreciate if you could explain your position.
Thanking you for your attention,
Is mise, le meas,
Andrew Ó Baoill