Peaceful protesters could be guilty of false imprisonment, Socialist TD claims

Students engaged in sit-down protests could now be considered guilty of false imprisonment while engaged in peaceful protest, following a court judgment, Socialist Party Paul Murphy has claimed.

The Dublin South-West TD questioned how the right to protest could be maintained following the conviction last week of a 17-year-old last week for false imprisonment of then tánaiste Joan Burton during an anti-water charge demonstration in Tallaght in 2014.

He was repeatedly warned by Leas Cheann Comhairle Pat ‘The Cope’ Gallagher of long-standing practice in the Dáil that a court case could not be reviewed or discussed, particularly where an appeal might be pending.

Mr Gallagher appealed to him to keep his comments to general policy.

Mr Murphy claimed the judgment “strikes at a very core of democracy and the right of people to protest. The dramatic broadening of the definition of false imprisonment constitutes a threat to basic civil liberties”.

He cited a number of cases which he claimed could now be considered false imprisonment, including farmers blockading meat factories in protest against cattle prices and students having sit-down protests.

Despite repeated requests from the Leas Cheann Comhairle not to refer to the case, Mr Murphy said there was no allegation of violence against the teenager and “he was protesting not kidnapping”.

And he asked Taoiseach Enda Kenny if he thought “protest should now be criminalised and treated as false imprisonment”.

Mr Kenny said “peaceful protest in this country has always been permissible and will continue to be permissible”. But he said this was different from blocking a public road to prevent people going about their duty.

The Taoiseach pointed out “the courts have been completely independent of the political system. It is a matter for the judges to interpret what the law is”, he added.