Funferal

Interview: by-laws in Galway

I’ve posted previously about the proposed by-laws in Galway, relating to leafleting and activities in public spaces. There is a vigorous campaign against the laws, and I recently interviewed one of the co-ordinators, Kieran Cunnane, via email.

funferal: What balance _should_ be drawn between limiting potential litter, and allowing leafleting? Similarly, in relation to other concerns, such as Jet skis, film production, etc., (why) are the proposals inappropriate?
Kieran: A. We’re pointing out that Free Speech should be kept separate to anti-littering measures. Many of the NGOs supporting our campaign are against littering. Top of the anti-littering league are fast food packaging, cigarette related litter and chewing gum. Our type of leafleting is not a contributor. Indeed most groups check the streets and gather up any dropped leaflets when they’re done. Also, we saw only a handful dropped over many weeks leafleting and most of these were in the first few days.
We notified small business about the bye-law as it affects them, but its up to them to fight their own cause if they feel strongly enough. We are concerned specifically with the rights of NGOs community and Voluntary groups and Political Parties outside of elections and referenda. If there is a ban on nightclubs giving out non-concession flyers and mobile phone Companies, I don’t believe we will be concerned. However, I repeat – its protection of free speech is our main concern, and leafleting as a valuable tool in free speech for all the groups and organisations concerned.
B. We were initially concerned about 2 issues – the right to leaflet and the right to assembly. When we read the full parks bye-law, it became apparent that busking would have similar restrictions to assembly, i.e. written permission from the Council and designated areas.
Let me give some examples –

• Kite flying – the concern mentioned is power lines. Common sense will tell someone not to fly a kite near a power line.
• Swimming – some people swim at the river near Wood Quay. If the Council designate, the will need to provide facilities and safety, if they don’t the people participating in swimming at this location for many decades will be creating an offence.
• Under Section J, (Games and Athletics) Jogging would inadvertently be made an offence as it would have to be in a designated area.
• Sports clubs would have to apply for permission to charge at the gate.
• Film makers could turn up their noses and students making films to develop their portfolios could be subject to unnecessary red tape.
• People boating and Jet Skiing could decide Galway is too regimented to be bothered coming to. Some Councillors themselves actually pointed out that there are buoys pointing out to the boats where they should go, and designation is not necessary.

funferal: How will these laws affect the average member of the public?
Kieran: In relation to flyering, the public is likely to be more ignorant about issues of local, national or global importance. Interest in the democratic process and voting could diminish as people would see everything as a done deal and decide that they no longer have any say. It is a direct threat to a voter participation strategy currently being drawn up in City Hall.
We could see more police on the streets during a protest and more protests being broke up.
As the affiliated groups have declared they won’t be bound by the bye-laws, we could see prosecutions, and some disorder on the streets as the Council try to enforce and groups try to repel them.
Groups who decide to abide by the parks bye-law would need to get written permission to hold a protest and would have to apply before Friday and for a sudden or sporadic protest, there would be not time to apply thereby making the protest unlawful.
Buskers will turn their noses at the bye-laws and will either ignore them, or (if they are hassled) ignore Galway. Less buskers means less tourism means less business.
Galway’s image as a Bohemian free spirited City will disappear.
funferal: What is the mood in Galway? Is there much support for the laws?
Kieran: Disbelief, disgust and they can’t be serious – can they ?. We have huge support from almost everyone who is aware of it. A small minority challenge one or two of the items, such as loud busking and amplification, and buskers who are beggars. The right to assembly is universal support and few people mention ant-littering, but tend to agree when we point out the affect on democracy and free speech and that our type of leafleting is not causing any litter. Since the Stunning protest busk, and our stall at their 4 gigs (in the Radisson last week), we have even more support and awareness of the issue.
funferal: How hopeful are opponents for success?
Kieran: We’re very confident that there will be a reversal on the right to assembly – permission will be dropped. On leafleting – we could see a modification to exclude NGOs, Community Groups and Voluntary Organisations, but not sure about non-profit organisations and fair trade shops such as Amnesty International and Dhakini.
I wouldn’t be so sure how all the other activities will be dealt with. The best approach is to separate each of them and debate separately, but I’m not sure if this will be done.
funferal: How cohesive is the opposition, and how did the campaign group come about?
Kieran: 2 of us took on a request from GAAW to lobby the politicians and check out the options. We saw it as a grave concern and notified all the groups we could think of as concerned. We then had a public meeting which 40 people attended, formed an interim Committee and proceeded from there, with a mail list to keep the remaining supporters informed. We had one issue with a difficult Committee member who kept going against decisions, domineered and kept bringing historical differences with the SWP into meetings. He was removed from the Committee by unanimous decision. Bar this blip, the campaign has worked very well indeed. We invited a number of people onto the Committee as they were doing so much active work.
We had a public meeting with 5 speakers, a Labour Councillor, Lecturer in Human Rights, the Mayor of Tuam (invited as a Traveler Mayor is quite unique), a DFSAA member and a Trade Unionist who participated in a similar campaign in Dublin (which the protesters won). Then we had a mass protest of about 500 people at City Hall on the evening of the vote.