“Not legitimate protest” (Simon Harris on Examiner front page).
A small, seemingly throw away, phrase that should cause anyone who values our democracy to shudder. A Government minister telling us what is and what isnt legitimate protest and telling us how he’s working on banning it, despite that ever-so-tricksy Constitution.
Take the abortion issue out of this and Broadsheet’s regular commentators would be up in arms.
Susan
He’s not working on banning protests. get it right.
GiggidyGoo
He’s not working – full stop.
And he’s proud of what is happening to the health service under his watch.
Having said that, these protests are pretty disgusting. Can some other piece of legislation be used… e.g. ‘breach of the peace’ or whatever?
The Old Boy
Can some other piece of legislation be used […]?
No. The idea that an existing offence could be pressed into service by ministerial order to criminalise something which it does not already criminalise is repugnant to both the separation of powers and Article 38.1 of the Constitution, that “No person shall be tried on any criminal charge save in due course of law.”
There was a very long discussion here some time ago about that offence in relation to a protest in which large, graphic banners were held outside (I think) the Rotunda by anti-abortion protesters. The issues with prosecuting include the requirement to prove that (a) the behaviour is, in fact, abusive or insulting and (b) that it either intended to provoke a breach of the peace or, in the alternative, that the defendant was reckless as to whether a breach of the peace would be caused.
The difficulty with part (a) is that, while a threat is easy enough to define, “abusive” and “insulting” are much less so, to a sufficiently clear criminal standard. A court is highly unlikely to find that an anti-abortion protest is “insulting or abusive”. It is ultimately a matter of opinion that is very hard to get over the line of “beyond reasonable doubt”.
The reality is that the Courts themselves have made this offence very difficult to prosecute and it is little used by Gardaí other then for “threats” as a result.
dav
keeping up your church’s assaults on pregnant women.
Screaming abuse at women as they attend a private hospital appointment, which is absolutely none of these ‘protesters’ business, tends to look a lot like abuse.
But yeah, let’s call it prayer and hide under a mask of piety.
Charger Salmons
Condolences to the Finucane family.
But from a purely broadcasting point of view I couldn’t really listen to her.
It was probably the condescending RTE tone but also the apparent lack of preparation which meant it sounded like she was winging it half the time which was inexcusable considering she only did two shows a week.
Her knowledge of Brexit didn’t extend much beyond the usual Donnybrook regurgitation of the Irish Times.
Janet, I ate my avatar
would you believe I never once heard her speak,
RIP anyhow, looks like she had the rest of the nation’s ear
GiggidyGoo
Have to agree with that synopsis Charger.
ReproBertie
“Condolences to the Finucane family.
But”
Stay classy. Nobody really gives a fig for what you thought of her so maybe think back to that old adage about what to say if you can’t say anything nice.
dav
to be expected from the brexiteer, hate, hate, hate
Charger Salmons
Well I suppose Repro O’Bertie has to whine about something else now the Brexit he predicted would never happen is going to happen at the end of this month.
What a moronic plonker.
ReproBertie
What’s with the Repro O’Bertie stuff? Are you trying to slag me off for being Irish on an Irish website? Wouldn’t Repr O’Bertie make more sense?
I’ve consistently said that Sasamach would put a border in the Irish Sea which is exactly what is happening. But off you go there and find where I predicted that Sasamach would never happen. Go on, for once back up a claim you make and show everyone that you’re not just a silly billy boo boo.
GiggidyGoo
Teresa Mays WA, nor her Backstop ever existed. Both proposed, but never existed. Wriggle that one.
Charger Salmons
You’re wasting your time trying to argue with that silly.
ReproBertie
So you can’t back it up and are in fact just a silly billy boo boo?
ReproBertie
Hey BS, why are you editing my use of moronic plonker but allowing Spoofer Salmon’s? You know I’m not one for name calling and I only used it in direct response to his usage above.
Dr.Fart
its sad she died, but people are painting her out like she was mother therasa of the airwaves. she was a fog horn for government agenda. one of the worst offenders for it.
scottser
I had to turn the radio off after someone texted in ‘sure what a lovely radio station they have up in heaven with Gay and Marion’…
Also, the sanitising of comments on here this morning is pretty absurd. She was an oul hack, paid to kill off debate.
Spaghetti Hoop
What gets me are the condolences on Twitter from those who are copying links to their own appearances on her show, or photos with her.
Someone called Joe Duffy the ‘Grim Reaper’ on account of him being the first to say on camera ‘I only saw/spoke to [them] yesterday!’ in relation to Brendan Grace, Gaybo and Marian.
garrett
Marian Finucane, from overpaid useless presenter to deceased Saint.
Spaghetti Hoop
What the Irish people are conflicted with after EVERY death of a public figure (probably a private one too) is (a) showing respect for the deceased and (b) not appearing a hypocrite. I think Gerry Ryan may have kicked off this whole conflict because he fell from grace post-mortem. Let them all rest in peace. (Apart from Jimmy Saville, Brendan Smyth and ‘that’ ugly lot – they can burn).
The Jewish Telegraph: Manchester Edition?
Nothing happening in the Wexford People?
Lovely pic of Marian on the Daily Mail.
“Not legitimate protest” (Simon Harris on Examiner front page).
A small, seemingly throw away, phrase that should cause anyone who values our democracy to shudder. A Government minister telling us what is and what isnt legitimate protest and telling us how he’s working on banning it, despite that ever-so-tricksy Constitution.
Take the abortion issue out of this and Broadsheet’s regular commentators would be up in arms.
He’s not working on banning protests. get it right.
He’s not working – full stop.
And he’s proud of what is happening to the health service under his watch.
Having said that, these protests are pretty disgusting. Can some other piece of legislation be used… e.g. ‘breach of the peace’ or whatever?
Can some other piece of legislation be used […]?
No. The idea that an existing offence could be pressed into service by ministerial order to criminalise something which it does not already criminalise is repugnant to both the separation of powers and Article 38.1 of the Constitution, that “No person shall be tried on any criminal charge save in due course of law.”
Try Threatening, abusive or insulting behaviour in a public place perhaps.
http://www.irishstatutebook.ie/2003/en/act/pub/0016/index.html
There was a very long discussion here some time ago about that offence in relation to a protest in which large, graphic banners were held outside (I think) the Rotunda by anti-abortion protesters. The issues with prosecuting include the requirement to prove that (a) the behaviour is, in fact, abusive or insulting and (b) that it either intended to provoke a breach of the peace or, in the alternative, that the defendant was reckless as to whether a breach of the peace would be caused.
The difficulty with part (a) is that, while a threat is easy enough to define, “abusive” and “insulting” are much less so, to a sufficiently clear criminal standard. A court is highly unlikely to find that an anti-abortion protest is “insulting or abusive”. It is ultimately a matter of opinion that is very hard to get over the line of “beyond reasonable doubt”.
The reality is that the Courts themselves have made this offence very difficult to prosecute and it is little used by Gardaí other then for “threats” as a result.
keeping up your church’s assaults on pregnant women.
So praying is now the same as assault?
Outrage culture has jumped the shark.
https://twitter.com/LeitrimARC/status/1213018653186281472
I don’t know.
Screaming abuse at women as they attend a private hospital appointment, which is absolutely none of these ‘protesters’ business, tends to look a lot like abuse.
But yeah, let’s call it prayer and hide under a mask of piety.
Condolences to the Finucane family.
But from a purely broadcasting point of view I couldn’t really listen to her.
It was probably the condescending RTE tone but also the apparent lack of preparation which meant it sounded like she was winging it half the time which was inexcusable considering she only did two shows a week.
Her knowledge of Brexit didn’t extend much beyond the usual Donnybrook regurgitation of the Irish Times.
would you believe I never once heard her speak,
RIP anyhow, looks like she had the rest of the nation’s ear
Have to agree with that synopsis Charger.
“Condolences to the Finucane family.
But”
Stay classy. Nobody really gives a fig for what you thought of her so maybe think back to that old adage about what to say if you can’t say anything nice.
to be expected from the brexiteer, hate, hate, hate
Well I suppose Repro O’Bertie has to whine about something else now the Brexit he predicted would never happen is going to happen at the end of this month.
What a moronic plonker.
What’s with the Repro O’Bertie stuff? Are you trying to slag me off for being Irish on an Irish website? Wouldn’t Repr O’Bertie make more sense?
I’ve consistently said that Sasamach would put a border in the Irish Sea which is exactly what is happening. But off you go there and find where I predicted that Sasamach would never happen. Go on, for once back up a claim you make and show everyone that you’re not just a silly billy boo boo.
Teresa Mays WA, nor her Backstop ever existed. Both proposed, but never existed. Wriggle that one.
You’re wasting your time trying to argue with that silly.
So you can’t back it up and are in fact just a silly billy boo boo?
Hey BS, why are you editing my use of moronic plonker but allowing Spoofer Salmon’s? You know I’m not one for name calling and I only used it in direct response to his usage above.
its sad she died, but people are painting her out like she was mother therasa of the airwaves. she was a fog horn for government agenda. one of the worst offenders for it.
I had to turn the radio off after someone texted in ‘sure what a lovely radio station they have up in heaven with Gay and Marion’…
Also, the sanitising of comments on here this morning is pretty absurd. She was an oul hack, paid to kill off debate.
What gets me are the condolences on Twitter from those who are copying links to their own appearances on her show, or photos with her.
Someone called Joe Duffy the ‘Grim Reaper’ on account of him being the first to say on camera ‘I only saw/spoke to [them] yesterday!’ in relation to Brendan Grace, Gaybo and Marian.
Marian Finucane, from overpaid useless presenter to deceased Saint.
What the Irish people are conflicted with after EVERY death of a public figure (probably a private one too) is (a) showing respect for the deceased and (b) not appearing a hypocrite. I think Gerry Ryan may have kicked off this whole conflict because he fell from grace post-mortem. Let them all rest in peace. (Apart from Jimmy Saville, Brendan Smyth and ‘that’ ugly lot – they can burn).