A ‘legal lacuna’

The IT quotes Gardaí as saying that in relation to masked ‘protests’ outside homes of politicians there, such incidents:

underlined the legal lacuna in which such protests can take place. While they had been criticised for allowing such protests to take place — also outside the homes of Minister for Health Stephen Donnelly, Minister for Equality Roderic O’Gorman and others — many gardaí believe their hands are tied. They say there is no specific legislation banning protests outside the homes of politicians and others. Added to that, they say, the Garda is obliged to uphold people’s right to protest, once that protest remains peaceful, even if it is outside a family dwelling.

And:

“You look at that group the other night and it’s obvious they were doing it just to show nobody could stop them — for the sake of it,” said one member of the force. Other sources said, though the appearance of masked men was seen as sinister by most people in society, there was very little they could do unless there was a breach of the peace. One garda said “wearing a balaclava or scarves or hoods to hide your face isn’t illegal”.

As noted in comments there’s also the dynamic that these events are tailor made for those holding them. They appear for a few moments, get their photographs and video for social media and then – whether interrupted by the Gardái or not, head off. But, it’s still fundamentally in intrusion and – as noted, most people see it as a sinister one. 

There’s been some moves towards legislation that might allow Gardaí to intervene more robustly. But wouldn’t bet on that getting to the books. Which leaves what precisely?