Galway Corporation's attempt to silence free speech group

galway | miscellaneous | press release Wednesday October 15, 2003 03:03 by Orla Ni Chomhrai - DFSAA nichomhrai at eircom dot net

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DEFEND FREE SPEECH, ASSEMBLY AND ACTIVITY

Tuesday, October 14th, 2003

DFSAA call threat by warden to remove Table an attempt to frustrate and bully

DFSAA – over 8000 signatures received so far

Defend free speech, assembly and activity (DFSAA) commented on the recent attempt by a warden to remove a Table from a campaigner on Shop St. Spokesperson Kieran Cunnane said that the warden, who threatened to call the guards if the table was not removed, was attempting to bully and frustrate campaigners. The warden used the roads act 1993 Sections 70 and 71 as justification for his action. These laws have not been invoked against campaigners since their enactment 10 years ago, so why, he asked, was it attempted now?

Mr. Cunnane commented that the laws are designed for the open road, targeted at farmers or people who have structures coming onto the road, impeding traffic and not a pedestrian zone. Section 70 refers to dangerous structures, trees, hedges or other vegetation, causing immediate or serious hazards. Section 71 refers to unauthorized signs, caravans and vehicles used on public roads and commercial activity. To our knowledge, this law has not been used to prevent a petition anywhere else in the Country. He pointed to the European Convention for protection of Human Rights and Fundamental Freedoms which Ireland ratified, says that a law cannot be enacted if it is an attempt to frustrate a basic right, which is obviously the case. In relation to 6.5 Million Insurance requests, he said this was tried on in Dublin when attempting to bring in similar bye-laws, which were defeated. Mr. Cunnane asked how the Council could expect co-operation, when using such a ridiculous and unreasonable request. He said DFSAA have no doubt the petition is lawful and pointed out that list of supporters includes members of the legal profession, several of whom have offered advice.

The group called once again for the two bye-laws to be resolved in the short term. It is in the politician's own interest to get this matter resolved as the local elections are looming next year. The decision at the Council meeting on Sept 8th was that the parks bye-law would be discussed again by the SPC. We've heard nothing since. The debate about the bye-law to ban leafleting has not happened either, even though it was initially scheduled to happen before the summer break up.

The petition has to date received over 8000 signatures and DFSAA would like to express it’s gratitude to all its supporters.

Contacts:

Kieran Cunnane, 086 8516484

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Kieran will be speaking at a debate in NUI, Galway hosted by the Law Society, at 8pm, Wednesday 15th of October.

For more background information on the bye-laws see links on this page http://www.indymedia.ie/index.php?results_offset=10&PHPSESSID=99127ea42eba855b05424a408c1188ef