People who wear balaclavas with the intent of intimidation at protests will not be allowed to avail of any “loopholes” under a proposed ban on facial coverings, Minister for Justice Helen McEntee has said.
Under new proposals, the wearing of face coverings – including balaclavas – at protests will be banned where it can be shown that the person intends to threaten or intimidate others.
It comes amid multiple incidences of masked protesters taking part in disturbances including at the homes of senior politicians.
Ms McEntee was asked about potential loopholes where a person could, for example, claim they were wearing a mask because they were unwell or were protecting themselves from cold weather.
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She said where somebody was cycling to work on a cold, frosty morning, it would be clear that they are not intending to intimidate anyone.
“I think every situation, every individual and their actions will have to be taken into consideration the same way as would be for any charge that’s brought or any prosecution that’s brought by the gardaí to the DPP. This would be no different. I would absolutely intend that no person would be able to use a loophole to try to evade justice in this legislation.”
She said it is the case that a garda can direct a person to remove a face covering or a balaclava “but as we’ve seen in particular instances, at that stage the damage is almost done or already done. The harassment has already taken place.
“So it’s really important that we make it very clear at the outset that this type of behaviour or activity is not acceptable and that we make it a criminal offence. Because clearly, referring to what I said earlier, any person standing outside another person’s home with banners with intimidatory language, wearing a balaclava, means nothing more than to intimidate and that shouldn’t be allowed in our society.
“So we need to stop this before this behaviour escalates and that’s why we need to ban it outright and make sure that these behaviours aren’t allowed in the first instance.”
Meanwhile Taoiseach Simon Harris has said it is “utterly unacceptable that any platform, any media platform – digital, online print – would allow a threat towards anybody remain up for a significant period of time.”
He was speaking after gardaí confirmed they are investigating threats made Mr Harris and his family on social media at the weekend. The post containing the threat was on a public Instagram account for several days.
The Taoiseach said a forthcoming code of practice for online media platforms will contain financial sanctions if certain rules of conduct are not abided by, while sanctions could also be directed at senior individuals in those companies.
“I am saying within that code, there will be very clear rules that the companies need to abide by and if they don’t there is an ability for those companies to be fined. And the code is also considering the liability that can be attached to individuals within those companies as well, which again, shouldn’t be a radical concept.”
Earlier, Ms McEntee said it is “not good enough” that “something clearly a threat” was not taken down for two days from a social media platform.
Ms McEntee told Newstalk Breakfast that a threat, whether it was online or in person, was illegal and should have been taken down immediately.
There is ongoing engagement between the gardaí and social media companies, she said. The new online safety commission Coimisiún na Meán would also be involved and would have the “teeth” to ensure that social media companies were forced to comply to act immediately, the Minister added.
A former Minister for Justice has questioned if the new regulator for broadcasters and online media has had any impact in ensuring online safety for politicians and public figures.
Charlie Flanagan, a TD for Laois, said on Wednesday that politics was being “reshaped before our eyes in a malign and menacing way” by online threats, such as the one made in recent days against Taoiseach Simon Harris and his family.
Mr Flanagan said the State had a duty to protect politicians from such attacks and to defend democratic values. He asked if the newly-established regulator, Coimisiún na Meán, had succeeded so far in doing so.
“Gardaí must be adequately equipped to engender confidence that these issues are being addressed.
“Sadly there’s little evidence to date that Coimisiún na Meán is having an impact in regulating online safety and tackling the online vitriol. Unless the State acts rapidly and forcefully the practice of politics will be significantly weakened.”
Mr Flanagan told The Irish Times he had no doubt that the level of online and physical abuse directed at politicians was weighing on many would-be candidates considering a career in politics.
“Many, particularly women, are being deterred because of vulnerabilities which if continued will narrow the talent pool available for political life and weaken democracy.
Similarly, many elected politicians are questioning whether the cost of a political career is worth the risk of 24/7 exposure and continuous threats to personal and family life.
“Many constituency offices across the country are now operating on an appointment only basis.”
Mr Flanagan said that multiple reports had been published in recent times all of which arrived at the same conclusion, that the challenge is intensifying, and elected representatives are vulnerable. “Families and staff are likewise frightened as ‘effective polarisation’ and political intimidation take root. Such a climate may not necessarily be new but it is more sinister. It’s not acceptable to say current trends are part and parcel of the rough and tumble of politics. In fact politics is being reshaped before our eyes in a malign and menacing way,” he said.
In a statement, Coimisiún na Meán said it has me with Meta about the treats directed at An Taoiseach and his family but does not have powers to compel the immediate removal of illegal content from online platforms.
“Our role is to make sure that the platforms’ content reporting systems are working effectively in compliance with the law,” it said.
It confirmed it had also been in touch with representatives from An Garda Síochána about the incident and was now assessing Meta’s compliance with their obligations under the EU Digital Services Act.
“We will be following up with Meta to seek further information about the circumstances of this incident and their response. We will then consider our next steps,” it said.
It came as Ms McEntee spoke with the British home secretary Yvette Cooper for the first time since her appointment last month.
Both ministers discussed the ongoing disturbances across the United Kingdom over the last week and also the escalations of violence in Ireland in recent times with anti-migrant undercurrents.
“Assaulting police officers, burning buildings and attacking public amenities cannot be tolerated in a democratic society.
“We agreed on the importance of countering racism, supporting our migrant communities, and bringing to justice the perpetrators of such terrible violence,” said Ms McEntee in a statement.
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