Helen McEntee bids to ban balaclavas and other masks 'designed to intimidate'

A masked rioter. Criminologist Nicola Carr says anonymity — online and in the real world — allows people to behave badly with impunity. Picture: Lefteris Pitarakis/AP

A balaclava ban at protests may be introduced by the Government to prevent intimidation and reduce the chance that those who commit violence and disorder can evade arrest.

Balaclavas and other face coverings worn “to intimidate” are to be banned at protests under new legislation to be drafted by Justice Minister Helen McEntee.

Ms McEntee is consulting with Attorney General Rossa Fanning and Garda Commissioner Drew Harris about how such a law would work, a spokesperson for the minister said.

It is understood that masks worn for medical reasons or for other legitimate purposes such as during cold weather are to be permitted under the proposed law.

The Attorney General advised that a ban could legally be introduced to stop people wearing face coverings where there was a clear intent to intimidate or prevent gardaí from identifying them when committing crimes, the Independent reports.

Balaclavas have been worn at the proliferation of violent far right and anti-migrant protests. 

They have been worn by people launching projectiles at gardaí at riots outside locations earmarked for asylum seekers and at intimidatory gatherings outside politicians’ homes.

Nottingham University Professor of Criminology Nicola Carr said a strategy to ban intimidatory face coverings “makes sense”.

“What legitimate reasons are there for going out with a balaclava on? You are wearing a mask because you don’t want to be identified or you want to create fear,” Prof Carr said. “You see people in these situations going out with their face masks on looting as well.”

Anonymity — both online and in the real world — allows people to behave badly with similar impunity, but removing that anonymity could force people to better moderate and improve their own behaviour, Prof Carr said.

It’s the same principle on social media where you can have that cloak of anonymity. 

"Although some people may not care, for others, there may be a deterrent effect when there is “that broader social censure” to consider, she said. “Some might at least give it a second thought before getting involved.”