Paul Hosford: Is the Garda approach to migrant protests emboldening the protesters?

If you are told that you can use blockades without fear of any legal repercussions, why wouldn't you do it?

Tractors and bales of hay were used to block access to Magowna House Hotel, Co Clare, in a protest that was as rudimentary as it was effective. Picture: Eamonn Farrell/RollingNews.ie

There is a particular type of dread that many who drive a car will know.

You're pulling up to a Garda checkpoint and you're convinced you've done something wrong. The tax is in date, right? You did your NCT a few months ago, you remember putting the insurance disc in yourself, your license is in the glovebox, and you haven't had a drink.

But there's a ball of anxiety in the pit of your stomach as you roll up and prepare your best cheery voice to let the garda know you're not going to give them any hassle.

Now imagine the same scenario, but instead of a member of the country's police force, the person demanding you stop and identify yourself is a masked man, carrying a flag of the Irish Republic, seeking to ascertain the nationality of you and your passengers. 

It's a reality popping up around the country as self-styled "patriots" seek to block the housing of asylum seekers in warehouses and disused hotels.

These blockaders range from local people caught up in a frenzy of fear and misinformation to some of the shining stars of Ireland's burgeoning far-right nationalist movement. These activists, nearly exclusively men, have moved from protest to protest over the last six months, latching on to whatever local talking point they can, be it fire certs or local homelessness or school places.

While the protests are nothing new, the use of a blockade in Inch, Co Clare was. There, tractors and bales of hay were used to block access to Magowna House Hotel in a protest that was as rudimentary as it was effective. By simply blocking the roads, the protesters laid down a gauntlet to gardaí which they knew was unlikely to be run at.

Gardaí have thus far relied on a softer approach to anti-migrant protests, with Commissioner Drew Harris saying there was a well-worn trap which has been fallen into by other jurisdictions.

“There's two bits of their playbook that we can see that they want to achieve. One, they want to act on local fears, local concerns, and in effect gather up a crowd, and they've been successful on occasion. On other occasions, they've been completely refuted,” he said.

“The other piece, and it's a classic part of their playbook, is an over-response by the authorities of the State, ie An Garda Síochána. We are not going to fall into that trap. This is a long-term policing strategy. We are here to work with consent with local communities to build consent around the housing of individuals who have sought international protection."

Policing by consensus

The idea of policing by consensus is admirable. Nobody wants to see gardaí using force on protesters who are peaceful. But when Mr Harris told this writer in March that there was no difference between the policing of left- and right-wing protests, comparison was quickly made with the treatment of Debenhams workers. In April 2021, 30 ex-Debenhams workers had locked themselves into the Dublin City branch's loading bay to prevent the removal of stock while supporters gathered outside with megaphones and signs. Around 50 gardaí showed up to forcibly remove them, under the pretence of covid-19 lockdown concerns.

A public health breach required the public order unit, but the blockading of roads and commercial premises does not.

Justice Minister Simon Harris on Monday said that it was not for anyone to "second guess" the decisions of gardaí, a strange statement from a justice minister in a democracy, which he made an attempt to walk back on, on Tuesday.

But the question must be asked whether a publicly stated policy of non-engagement is emboldening protesters. If you are told that you use blockades of people without fear of any legal repercussions, why wouldn't you do it?

The question for the gardaí and the justice minister is whether this policy will be applied across the board when there is inevitable replication.