Introduction
On 25th June 2024, the Irish Council for Civil Liberties (ICCL) launched a campaign to advocate for the abolition of the Special Criminal Court. The campaign aims to raise public awareness of the human rights issues and abuses associated with the court, particularly in the run-up to an upcoming parliamentary vote on the continuation of emergency powers under the Offences Against the State Acts (1939-1998). The Special Criminal Court was set up in response to terrorism during the Troubles, the conflict in Northern Ireland from the late 1960s to 1998, and was later used to combat organised crime. It operates without a jury and allows uncorroborated statements from a Chief Superintendent of An Garda Síochána, the Irish police force, to be presented as factual evidence. It also allows a defendant’s silence to be used against them, which contravenes international fair trial standards.
The Special Criminal Court has been criticised for decades by international human rights organisations, including the UN Human Rights Committee. However, the Irish Parliament, the Oireachtas, has voted every year since 1972 in favour of extending the Court’s existence by using emergency powers.
Niamh McCormack, Criminal Justice Policy Officer at ICCL, expressed concern about the lack of public debate and alternative solutions to the court's existence. She emphasised that the annual declaration of a state of emergency by the Oireachtas to justify the court has become routine, despite human rights concerns. In addition, McCormack criticised the lack of response to the recommendations of an Independent Review Group report on the Tribunal, published in 2023, which called on the Government to consider more appropriate alternatives that uphold the right to a fair trial.
Freedom of association
Report shows dependence on state funding impacts civil society advocacy
On 1st May 2024, the Irish Council for Civil Liberties (ICCL) published a research report showing that a significant proportion of state-funded community and voluntary organisations restrict their advocacy and campaigning work due to implicit and explicit restrictions related to the funding they receive. Almost two-fifths (37%) of study participants reported that they had restricted their advocacy, campaigning or communications efforts for fear of their funding being affected. For organisations working in the areas of homelessness and addiction, this proportion rises to almost half (48%), as these organisations are particularly likely to be involved in frontline service delivery and therefore receive government funding.
Freedom of peaceful assembly
Student union fined over protests
On 2nd May 2024, Trinity College Dublin (TCD) imposed a fine of €214,285 ($230,596) on the Trinity College Dublin Student Union (TCDSU), citing loss of income due to student protests. The fine was in response to protests organised by TCDSU and Trinity Boycott, Divestment, and Sanctions (TCD BDS), a pro-Palestinian group, held between September 2023 and April 2024. These protests criticised both proposed tuition hikes and TCD’s stance on the conflict in Gaza. The university claimed the demonstrations had impacted tourist revenue at the campus’s Book of Kells exhibit. TCD initially informed the student union that the fine was required to be paid by 30th May if union members were to be allowed to graduate.
In addition, TCD's Junior Dean’s office initiated disciplinary proceedings against four students involved in a protest outside the Book of Kells exhibit on 29th April. The TCDSU countered with a statement announcing they would refuse to pay the fine, asserting that the students' peaceful protests were an exercise of their rights in a democratic society.
On 20th May, TCD reversed its decision, withdrawing the fine and dropping disciplinary actions against the student leaders involved. According to a TCD spokesperson, the resolution came after a meeting between university administrators and student representatives, resulting in a “joint renewed commitment” to fostering student partnership.
Scholars at Risk expressed concern over TCD's initial decision to penalise students and student organisations for peaceful protests, viewing it as a potential threat to academic freedom. They noted that universities should avoid restricting nonviolent expression and assemblies, as penalties targeting student activism risk undermining both academic freedom and democratic values.
Two detained at protest against US military use of Shannon Airport
Several protests against the US military use of Shannon Airport took place in April, calling for an immediate end to the use of the airport by the US military in the context of Israel’s military actions in Gaza. One such protest took place on 12th April, with an estimated 1,200 protesters blocking the roads in and out of the airport. According to media reports, the operation of the airport was not affected. However, two protesters were detained in relation to “public order incidents.”
Watchdog warns of “chilling effect” as restrictions imposed in response to anti-immigration protests
In September 2024, the Irish Council for Civil Liberties (ICCL) raised concerns about the police response to anti-immigration protests.
ICCL expressed particular alarm over the growing trend of extensive street closures and heavy policing around protests near Leinster House, even on days without planned demonstrations. According to the ICCL, such measures, which previously were only seen for high-profile international visits, now include barriers and checkpoints that disrupt public access to government buildings. The ICCL noted that the Garda's expenditure on protest-related measures around Leinster House has already surpassed €1 million in 2024.
According to the organisation, this rise in security measures comes in the context of a “worrying pattern of violence directed at democratic institutions and representatives.” The ICCL highlighted numerous incidents of verbal and physical attacks on political representatives during this year’s local and European elections, and a surge in hate crimes against vulnerable communities, particularly refugees, ethnic minorities and the LGBTQI+ community.
In response to these developments, the ICCL urged Gardaí and policymakers to protect democratic freedoms while addressing legitimate security concerns. The organisation acknowledged the new security challenges posed by violent groups but warned against measures such as facial recognition technology and bans on face coverings at protests, which it argued could discourage public participation in peaceful protests. The ICCL advocated for more measured responses, such as targeted intelligence efforts and selective use of barriers for high-risk events, to avoid creating a “chilling effect” on the public's right to protest.
Freedom of expression
Public broadcaster’s work obstructed during anti-asylum demonstrations
On 31st May 2024, Barry O'Kelly, a journalist with Ireland’s public broadcaster RTÉ, was obstructed by protesters while covering an anti-asylum demonstration in Newtown, Mount Kennedy. During the incident, two protesters attempted to prevent O'Kelly from filming by waving an Irish flag in front of his camera. One of the protesters, wearing a hat and mask, blocked the camera for several seconds until law enforcement intervened to ensure O'Kelly’s safety.
This incident marked the third time in recent months that O'Kelly faced harassment while reporting on anti-migrant demonstrations. On 4th April 2024, he was similarly prevented from filming at a far-right protest, where demonstrators accused him and RTÉ of spreading misinformation.
Additionally, on 25th March, O'Kelly was verbally attacked by far-right protesters while documenting an anti-migrant rally in Coolock, Dublin. Footage published online shows a small group of protesters interrupting him as he films the protest with unfounded claims about “illegal men” committing crimes. One of the people seen in the video is Philip Dwyer, a member of the Ireland First political party, who accused O'Kelly of being a “propaganda machine” and “advocating government policy”.
Photojournalist compelled to share photos of protest with police
On 16th February 2024, Eamon Farrell, a former Dublin Housing Action Committee activist and director of Rollingnews.ie, disclosed that he had been compelled to provide photos of clashes between police and protesters from his agency to the Garda Síochána. The photographs, taken on 23rd November 2023, documented water pollution protests held on the same night as far-right riots in Dublin. Farrell explained that two Garda officers arrived at his office with warrants, marking their third request for the images but the first with legal authority. Facing no option to refuse, Rollingnews.ie complied, though Farrell expressed profound discomfort with the request. He emphasised that his responsibility as a journalist was to record events impartially, regardless of who was involved, and his refusal to let the agency become “the eyes and ears” of police at protests.
On 7th March 2024, Séamus Dooley, Irish Secretary of the National Union of Journalists (NUJ), condemned the Garda’s action, calling the warrant “an extremely dangerous move.” He argued that forcing photojournalists to share their work with police could increase risks to their safety, as it may create the perception that they are gathering images for law enforcement.
SLAPP lawsuit against Irish Times journalist
On 7th November 2023, Sinn Féin TD Chris Andrews filed a defamation lawsuit against The Irish Times and its political correspondent, Harry McGee, concerning an article published on 14th October 2023. The article discussed Sinn Féin's response to Hamas’ attack on Israel and quoted Andrews’ reaction to a tweet from EU Commission President Ursula von der Leyen. In an interview, Andrews stated his intention was to “clear his good name,” clarifying that the lawsuit was not aimed at any individual journalist.
Following the lawsuit, Press Ombudsman Susan McKay endorsed statements by then-Taoiseach Leo Varadkar and the National Union of Journalists (NUJ), which expressed concern over public figures suing journalists. On 8th October, Varadkar had voiced disapproval in the Dáil of public figures suing journalists, calling it an attempt to intimidate and discourage critical reporting. He recommended that individuals seek corrections through the Press Council before resorting to lawsuits.