How to get permission to protest lawfully

Red Hare

I desire to protest outside the constituency office of a senior government minister who is the local TD for my area.

I had approached his office twice with a child protection issue. it was slithery and slimey. The child is still in need of child protection (I also feel slithered upon but that is not my motivation.)

Can I write my protest in chalk on the pavement outside this constituency office of this minister - or will I be arrested, or taken into custody?

Red Hare

I would like to write in chalk on the pavement " When is the Oireachtas Committee on Children going to be reformed?

whippet

Have you made a complaint to the Guards, Tusla or other agency who is responsible for child protection ?

That should be the first port of call .. as a politican will have to report it to these agencies and won’t be able to help the child directly

It depends on what you want to write in the chalk.

antix80

Some kids are dragged up.
Pedophiles should be shot in the head.

The term child protection issue (and worse, child safeguarding issue) annoys me because it's vague and almost an academic field of study rather than something that can be actioned (eg, shooting a pedophile in the head for child buggery)

Anyway, your protest with chalk is so vague the worst you'll get is a fine for vandalism of property. Unless it happens to rain before your case goes to court and destroys the evidence

banie01

Why are you approaching a TD regarding a child protection or safe guarding issue?
Tusla and the Gardaí are where the concerns should be directed.
Why is this a political issue? Is there more to this story?

bobbyy gee

who to report
https://www.citizensinformation.ie/en/birth_family_relationships/services_and_supports_for_children/child_abuse.html

bobbyy gee

protest
https://www.iccl.ie/protest/

antix80

I take it the candlelit vigil didn't go well?

Seems like rain is the common denominator in the reasons your protests aren't successful.

Red Hare

whippet wrote: »

Have you made a complaint to the Guards, Tusla or other agency who is responsible for child protection ?

That should be the first port of call .. as a politican will have to report it to these agencies and won’t be able to help the child directly

I have of course reported to the Gardai and to Tusla. The matter is being investigated at present. My query here is not about reporting child abuse, my query is if I write in chalk on the pavement in front of government ministers' constituency office - will I be breaking the law?

Peregrinus

Red Hare wrote: »

I have of course reported to the Gardai and to Tusla. The matter is being investigated at present. My query here is not about reporting child abuse, my query is if I write in chalk on the pavement in front of government ministers' constituency office - will I be breaking the law?

Let's assume that what you're writing is not in itself going to be illegal - defamatory, obscene, a breach of confidence, an incitement to crime or disorder, anything like that.

What you're looking at here is a species of graffiti. And, when graffiti is normally prosecuted, it's prosecuted as criminal damage.

Criminal Damage Act 1991 s. 2(1): "A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence."

Damaging property is defined in s. 1 to include defacing property, so writing on property is damaging it.

Is the pavement property? Yes, it is. It's part of the land, so it's the property of whoever owns the land. That could be the local authority or (more probably) the owner of the adjacent building in which the Minister rents his constituency office.

But it seems to me that the damage will be trivial. This is chalk. In a very short time it will wash away in the rain, blow away in the wind or be worn away by the feet of pedestrians. This is ephemeral. There will be no lasting defacement or damage. I cannot see a prosecution being taken and, if it is taken, I can see a district judge being scathing of the prosecutor's decision.

The other possiblity is if your activity in writing on the pavement, or otherwise conducting your protest, causes an obstruction of some kind; you could conceivably be charged with an offence in relation to that. That wouldn't be because you were writing, though; it would be because what you were doing was getting in the way of users of the road. And you can easily carry out your protest in such a way that it doesn't have that effect.

Victor

Peregrinus wrote: »

The other possiblity is if your activity in writing on the pavement, or otherwise conducting your protest, causes an obstruction of some kind; you could conceivably be charged with an offence in relation to that. That wouldn't be because you were writing, though; it would be because what you were doing was getting in the way of users of the road. And you can easily carry out your protest in such a way that it doesn't have that effect.

From the constitutional provisions, isn't there a presumption to facilitate protest? Simple obstruction (not harrassing passersby, etc.) shouldn't be a problem.

Of course, obstruction without there being a protest is an offence.

GM228

There is a constitutional right to peaceful protest subject to public order and morality and obviously that includes not breaking any laws, you don't need permission to protest.

ohnonotgmail

Red Hare wrote: »

I have of course reported to the Gardai and to Tusla. The matter is being investigated at present. My query here is not about reporting child abuse, my query is if I write in chalk on the pavement in front of government ministers' constituency office - will I be breaking the law?

if the matter is being investigated then why are you protesting outside a TDs office? they can have no part or influence in an investigation

Red Hare

It is not appropriate for me to divulge the details, so please don't ask again. My question is this form of protest unlawful?

Red Hare

Thank you for the helpful information. I will do it just before dawn when no-one is around so as not to cause an obstruction. It is supposed to rain today but the weekend is to be dry.

s1ippy

Great to see that somebody finally thought of the children.