Offences Against the State Act being considered to deal with aggressive protests

Members of the public protesting outside Leinster House last Wednesday. Picture: Gareth Chaney / Collins Photos

The Government is considering the use of laws under the Offences Against the State Act to deal with the type of aggressive protest witnessed outside Leinster House this week.

It comes as Taoiseach Leo Varadkar has admitted he has received a number of credible death threats about which he has had to involve gardaí.

Garda Commissioner Drew Harris is to undertake a fresh security and protection review of all people working at the Oireachtas, including politicians, staff, and journalists. He is also expected to assemble a dedicated team of gardaí who will consult with staff working at the Oireachtas. 

That follows the aggressive protests outside the Dáil last Wednesday that stopped workers from leaving the complex and saw a number of arrests.

Justice Minister Helen McEntee said she is consulting with the Attorney General and has asked her department officials to examine whether existing laws are sufficient to deal with intimidation “centred on our democratic institutions".

A section of the Offences Against the State Act relates to the obstruction of government. Gardaí and the Department of Justice are examining the provisions under this law. It states every person who attempts to prevent or obstruct by force of arms, intimidation, or by violent means on government of the State or by any member of government can be found guilty.

Ms McEntee said the chairpersons of political parliamentary parties and parliamentary groupings in the Oireachtas, as well as representatives of the staff and media working in Leinster House, will be asked to contribute to the security review and will be met with as part of this process.

“There has been a noticeable deterioration in the tone and content of some, increasingly personalised, commentary on political and public affairs, particularly on social media," she said.

“We saw this aggression and coarseness evident in the disturbing scenes outside Leinster House this week. 

I am determined to take all steps to ensure this does not develop further.

“Ireland is not immune from the coarsening of debate and physical risks that we have seen elsewhere, so we will take all necessary steps to ensure the safety of all those who participate in public life."

The Commissioner’s review will be concluded by the end of October and will be sent to Ms McEntee. 

The review will also feed into other work being carried out, including the taskforce on safe participation in political life, a review of security announced this week by the Ceann Comhairle and the potential impact of the new security allowance, up to €5,000, for members of the Oireachtas.

Ms McEntee said it is important that a small minority who “wish to attack democracy” do not deter people from participating in politics and engaging in public life.

Asked about potential changes to security around Leinster House, Leo Varadkar said: "I think it is really important to get the balance right.

"The level of threat against politicians and our staff has gone up, there are increasing security concerns. But I think whatever we do, it's important that we don't go too far."

However, he said threats need to be put in context and he would not discourage anyone from getting involved in politics or public life.