JUSTICE MINISTER HELEN McEntee has said she plans to proceed with legislation that would ban the wearing of balaclavas at protests.

The minister’s department intends to introduce the ban “in circumstances where the wearing of a mask is intended to intimidate”.

The planned legislation comes in light of violent protests and disorder targeting buildings selected as accommodation centres for asylum seekers that have ramped up since the Dublin riots last November. 

McEntee acknowledged that it is already the case that a garda can direct a person to remove a face covering or a balaclava, but said: “As we’ve seen in particular instances, at that stage the damage is almost done or already done. The harassment has already taken place.”

“So, it’s really important that we make it very clear at the outset that this type of behaviour or activity is not acceptable and that we make it a criminal offence,” she said.

She said any person standing outside another person’s home with banners and wearing a balaclava is there to intimidate.

McEntee said attacking a member of the gardaí or any other individual while wearing a balaclava at a protest is clearly a person not there to engage in a meaningful conversation.

“So we need to stop this before this behaviour escalates and that’s why we need to ban this outright and make sure that these behaviors aren’t allowed in the first instance,” she said. 

McEntee said gardaí are implementing the law as it stands and asking people to remove masks, and if they don’t comply, they can be charged. However, before that request is made they are not necessarily committing a crime, and that is the difference.

If someone turns up at a protest wearing a balaclava or mask, and they are clearly there in a manner that’s intimidatory or part of criminal activity, that will be an offence under the proposed legislation, the minister clarified. 

McEntee also said somebody who is cycling to work on a cold, frosty morning, is clearly not doing so to intimidate anyone.

“I think every situation, every individual and their actions will have to be taken into consideration the same way as would be for any charge that’s brought or any prosecution that’s brought by the gardaí to the DPP. This would be no different. I would absolutely intend that no person would be able to use a loophole to try and evade justice in this legislation,” she said. 

Hate speech law

In addition, the minister also clarified to reporters today that she plans to progress with the hate speech legislation when the Dáil returns in September.

The controversial legislation has faced opposition from some members within government as well as some rather diverse quarters, such as Elon Musk and Eric Trump. 

As reported by The Journal, a chorus of negative reactions to the bill grew loud in recent weeks.

McEntee has previously said the proposed hate speech legislation “is not radical as detractors claim”, while stating that she recognises there are different points of the view.  

Meanwhile, speaking about violent scenes that erupted following an anti-immigration protest in Belfast on Saturday, the Taoiseach has criticised people who “hijacked” the Irish flag while standing alongside loyalist “paramilitary actors” in Belfast and shouting racist abuse.

Protesters waving both the Union flag and the Irish tricolour took part in the protest at the front of Belfast City Hall.

A number of people also carried the “Coolock Says No” banner, which has been used at protests outside a former Crown Paints factory earmarked to house asylum seekers.

Speaking at Government Buildings Harris said that those who took part in the protest while holding the Irish flag and banner should “leave our flag alone” and “leave the name Coolock alone”.

“Anybody who travels from really anywhere and thinks they should take the Irish flag with them and stand alongside potentially paramilitary actors in Northern Ireland, shouting racist abuse, threatening people, and indeed, being at the very least in proximity to buildings that were set on fire, is the exact opposite of what the definition of patriotism would be,” Harris said.

‘Hijacking’ the Irish flag

“They are people who bring shame to their community. They’re not, can I say this, reflective of the Coolock community, and how dare they hijack our flag and the name Coolock, when really what they are is people who are agitating and advocating racism, division, and we should call it out.

“Let me just say this as well because Northern Ireland is a very special place, full of very many people who have committed themselves to peace and to inclusion.

“Belfast is a very proud city that has worked so hard across the community to promote peace and inclusion. What I must say is, in the face of the thuggery that we saw from some, what we also saw was an incredible gathering of people to talk about welcome and inclusion and the true values of Belfast and of the island of Ireland as well,” he added. 

“If you intend to travel from our jurisdiction to commit a crime in another jurisdiction, you too will meet the full rigours of the law. Leave our flag alone. Leave the name Coolock alone, and those racist, horrific scenes that we’ve seen in recent days should be called out for exactly what they are,” said Harris. 

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