Freedom of Assembly
right to assemble peaceably without arms
provision may be made to prevent or control meetings - which are calculated to cause breach of peace or be a danger or nuisance to the general public or in the vicinity of the Oireachtas
ECHR Art 11 - right to peaceful assembly - freedom of Association with others - trade unions for protection of interests
restrictions only when
in interests of national security or public safety
prevent disorder, crime -
prescribed by law
protect health or morals
Alkseyev v Russia ban by Russian authorities on gay pride marches - violated Art 11 - no protection of morals or public safety
special features of assembly
dangers - riots, violent disorder, coercion
special costs include policing, disturbing, disruption)
means of expressing convictions & opinions
2 or more can't take place at the same time
control
offence to act disorderly at lawful meeting - to prevent transaction of police
reasonable degree of force allowed to disperse unlawful assembly - Lynch v FitzGerald
riots, violent disorder and coercion are criminal offences
unlawful f within 1/2 mile from building where parliament is about to sit - Garda not below Superintended can tell them to disperse
Breach of peace - danger or nuisance to general public, - more then mere annoyance or irritation
if Garda suspects - plaintiff has given rise to reasonable apprehension for safety of persons or property may direct plaintiff to desist from behaviour, leave vicinity peaceably - offence to not comply
Arzte fur das Leben v Austria - Austria didn't stop opponents disrupting anti- abotrion march - there to prevent serious assaults or riots
not doing something could lead to breach of peace
Humphries v Connor wore lily in public, refused to remove lily despite angry crowd - constable acted lawfully to use reasonable force to remove provocation
right to counter demonstrate, but can't intefere with right to demonstrate , must be able to demonstrate without fear of physical violence
Art 11 - requires reasonable and appropriate measures to enable lawful demonstrations proceed peacefully
lawful places to assemble
no right on private property without owners consent Appleby v UK
public highway - but stationary public meetings would be unlawful
picketing on public highway - prevailing opinion - is that its unlawful
Lord Irvine - Public highway for public to enjoy, allowed if does not amount to public or private nuisance, does not obstruct highway by unreasonably impeding primary right of public to pass
obstruction of highway is unlawful (without lawful authority)
Industrial Relations Act - plaintiff or TU of plaintiff may attend or approach a place where plaintiffs employer works or carries on business - peaceful communicating info or persauding person to work or abstain from working
Hyland v Dundalk stadium - bookmakers assembled with placards to highlight dispute with operator of venue - no obstruction - held different to industrial dispute - not mean to dissuade others from working or dealing with other party - some isolated incidents were unlawful - but as a whole - was lawful
some secondary picketing allowed