Protest and Public Order
Written in plain language for general understanding. This is educational content, not legal advice. Based on Irish Acts of the Oireachtas, statutory instruments, and official guidance.
Irish National Law
What is this right?
The Irish Constitution protects your right to assemble peaceably and without arms (Article 40.6.1°). However, this right is subject to laws enacted for public order and morality.
The Criminal Justice (Public Order) Act 1994 creates various offences, including:
- Section 6 — Threatening, abusive, or insulting behaviour in a public place
- Section 8 — Failure to comply with a Garda direction to leave an area if your behaviour is causing fear, disturbance, or annoyance
- Section 9 — Wilful obstruction
- Section 19 — Entering a building with intent to commit an offence
Peaceful protest is your constitutional right, but blocking roads, trespassing on private property, or intimidating behaviour can lead to arrest.
When does it apply?
- You are participating in a march, demonstration, picket, or public assembly.
- There is no legal requirement to notify the Gardaí of a protest in advance, but it is advisable to do so for large gatherings.
- Gardaí can direct you to move along under section 8 of the 1994 Act if your behaviour is causing a disturbance — failure to comply is an offence.
- If a protest involves industrial action, the Industrial Relations Act 1990 provides specific protections for peaceful picketing at or near your place of work.
What should you do?
- Protest peacefully — the Constitution protects peaceful assembly.
- If the Gardaí give you a direction to move, comply and note the details — you can challenge it later.
- Have a legal observer if possible — someone who records Garda actions and any incidents.
- If arrested, exercise your right to silence and request a solicitor immediately.
- Contact organisations like the Irish Council for Civil Liberties (ICCL) if you believe your right to protest was unlawfully curtailed.
What should you NOT do?
- Don't use violence or intimidation — this removes your constitutional protection and can lead to serious charges.
- Don't block emergency services — obstructing ambulances, fire services, or Garda vehicles is an offence.
- Don't wear masks or disguises to conceal your identity during a public disturbance — this is an offence under section 14 of the 1994 Act.
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