Right to assemble, O'Connell Street, Dublin

Our man in Havana

http://www.boards.ie/vbulletin/showpost.php?p=54181426&postcount=2495

Commander Vimes wrote: »

if you're planning to have a protest, don't do it at the henry street store because you'd have to go down o'connell street on the way and as far as i know its illegal for more than 6 people to gather on o'connell street without a permit since some anti globalisation protesters ruined it for the rest of us a few years ago

Is it now illegal as alluded to by the poster above that gatherings of 6 or more people on O' Connell Street in Dublin is forbidden? What statute provides for such restrictions. I am pretty sure none exist but I just wanted to make sure.

Fey!

Would it not be under a local bye-law?

seamus

I would be skeptical about this claim. At best, I would guess that the Gardai are officially allowed to "disperse" any crowds of six or more, where their presence is causing a nuisance, but they cannot stop crowds from gathering.

dermot_sheehan

Well is O'connel st. within half a mile of leinster house?

s. 28 Offences Against the State Act 1939

http://www.irishstatutebook.ie/1939/en/act/pub/0013/sec0028.html#zza13y1939s28

seamus

As the crow flies, I would say it is.

prendy

so are all them tourists that meet at the GPO risking prosecution?

Time Magazine

seamus wrote: »

As the crow flies, I would say it is.

Google says no.

seamus

I was trying to figure out how do that. I was measuring on Google maps with my fingers. From Dawson St.

I'd never be a taxi driver.

Lunabu

I'm shocked and stunned to hear about this!
Why am I thinking of the Irish history and the British occupation of Ireland? And the Civil War?
Since when are we living in a police state?

Believe me, being from Germany originally, I know what I'm talking about:D (and no, I'm not from the former communist East Germany).

dumbyearbook

Bond-007 wrote: »

http://www.boards.ie/vbulletin/showpost.php?p=54181426&postcount=2495



Is it now illegal as alluded to by the poster above that gatherings of 6 or more people on O' Connell Street in Dublin is forbidden? What statute provides for such restrictions. I am pretty sure none exist but I just wanted to make sure.

tottally off topic but apparently they are no statues on O'Connell st. only 'monuments'

Think ill have another beer....

Karoma

Lunabu wrote: »

I'm shocked and stunned to hear about this!
Why am I thinking of the Irish history and the British occupation of Ireland? And the Civil War?
Since when are we living in a police state?

Believe me, being from Germany originally, I know what I'm talking about:D (and no, I'm not from the former communist East Germany).

Ah, it wouldn't be all bad if it were true - no more Spanish students standing around there in the way...

Hagar

Don't forget folks, Ireland is officially in a declared "State of Emergency".
The WWII State of Emergency was never repealed AFAIK.
Cynics might say the Govt. left it this way to facilitate legislation to deal with certain organizations such as the IRA. Nowadays this gives the State leeway to abuse their powers that would not be allowed in "peace time".

johnnyskeleton

Hagar wrote: »

Don't forget folks, Ireland is officially in a declared "State of Emergency".
The WWII State of Emergency was never repealed AFAIK.

The WWII emergency powers were replaced in 1976 with the intention of dealing with illegal organisations, and the new powers were repealed in 1995.

Hagar

Any links to where the State of Emergency was actually repealed?
I would be really interested to see one.

Our man in Havana

I cannot find any Act or SI to indicate it was ever repealed.

dermot_sheehan

http://www.oireachtas-debates.gov.ie/plweb-cgi/fastweb?state_id=1192356444&amp;view=oho-view&amp;docrank=12&amp;numhitsfound=15&amp;query_rule=&#37;28($query1)<=DATE<=($query2)) AND (($query4)):SPEAKER AND (($query5)):heading AND (($query6)):CATEGORY AND (($query3)):house AND (($query7)):volume AND (($query8)):colnumber AND (($query))&amp;query1=19950110&amp;query2=19951225&amp;query5=emergency&amp;docid=306045&amp;docdb=Debates&amp;dbname=Debates&amp;sorting=none&amp;operator=and&amp;TemplateName=predoc.tmpl&amp;setCookie=1

Hagar

Excellent link.

I'm still unsure though, the last paragraph is a bit of a cliff-hanger

In recommending to the House that it approve the motion to end the state of national emergency, the Government is acting in pursuance of its commitment to promote and advance the peace process. In taking this step, it has had regard to the total transformation consequent on the cessation of the paramilitary campaigns of violence not only in this jurisdiction but throughout the island. It is entirely appropriate that a measure introduced in particular circumstances of difficulty and danger and [1587] which was always regarded as temporary in character should now cease to have effect.
We now have an opportunity to realise the goal of lasting peace to which all of us on this island have long aspired. The Government is determined to play its full part in that process. We look forward to early completion of the framework document. We look forward thereafter to comprehensive political negotiations getting under way as quickly as possible so that ultimately a lasting political settlement, based on agreement and consent, can be made a reality for all.
Question put and agreed to.

Was the repeal of the State of Emergency passed into law or are we still looking forward to "a measure introduced in particular circumstances of difficulty and danger and which was always regarded as temporary in character should now cease to have effect." being removed?

johnnyskeleton

Hagar wrote: »

Was the repeal of the State of Emergency passed into law or are we still looking forward to "a measure introduced in particular circumstances of difficulty and danger and which was always regarded as temporary in character should now cease to have effect." being removed?

Article 28.3.3&#176 wrote: »

Nothing in this Constitution other than Article 15.5.2° shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this sub-section "time of war" includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and "time of war or armed rebel-lion" includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.

Emergency powers stem from the declaration by both houses that there is a state of emergency, and they are repealed by a similar declaration. There are no messy statutes etc required. Once the powers are removed by declaration, all acts made under those powers cease to have effect instantly.
So by their agreement to the motion the dail, and later the seanad, ended the power.

Hagar

Thanks for the clarification, I'm glad to know the correct position, 55 years was a long time to let it run on for all the same.