Legal observers highlight ‘emerging issues’ around policing of protests

Legal observers highlight 'emerging issues' around policing of protests

Credit: ICCL

Legal observers have identified “emerging issues” in the policing of protest in Ireland in a first-of-its kind report.

The Irish Network of Legal Observers (INLO), co-convened by the Irish Council for Civil Liberties (ICCL) and the Irish Centre for Human Rights at the University of Galway, today published its first annual report on the policing of protest in Ireland in 2025.

Of the 70 protests observed by the INLO around Ireland in 2025, most were policed in a human rights-compliant manner, according to report.

However, the report also identifies emerging issues including excessive use of force, misuse of section 8 of the Public Order Act and gardaí not wearing badge numbers when policing protest.

Protests observed outside Dublin were generally policed in a friendly, accommodating manner, the report states. However, observers reported more aggressive policing of protests at Shannon Airport. More than 60 gardaí were present at a protest at the airport in February 2025, for example, which was attended by approximately 300 protesters.

In Dublin, while the majority of protests were facilitated without significant intervention, legal observers documented a higher tendency for gardaí to intervene and to use force. The report notes in particular the disproportionate use of force observed at a pro-Palestine protest at Dublin Port in October 2025, which prompted the INLO to issue its first standalone report.

The INLO says it is notable that these two protests both occurred near sites of infrastructural significance.

The report raises concerns about An Garda Síochána’s awareness of relevant human rights standards, describing statements by gardaí as highlighting an “ongoing misunderstanding” of international human rights law standards on the use of force.

It also warns of misuse of section 8 of the Criminal Justice (Public Order) Act 1994, which criminalises failure to comply with a direction of a member of An Garda Síochána.

Reports from legal observers have documented gardaí giving a section 8 direction to protesters and then quickly escalating the situation by using physical force or issuing arrests within seconds.

The INLO says that while a section 8 direction is an important part of Garda powers, it is essential that gardaí use it only when they reasonably believe that a public order offence is about to be committed. However, legal observers reported it being sometimes used to arrest peaceful protesters without allowing them sufficient time to leave the area.

Gardaí not wearing badge numbers is another recurring issue identified in legal observer reports. In certain instances, legal observers noted that gardaí who were unidentifiable seemed to be quick to use violence.

Dr Illan rua Wall of the University of Galway said: “While this first annual report of the Irish Network of Legal Observers shows that the majority of peaceful protests in Ireland are policed in a human rights-compliant manner, it is clear that there is significant scope for improvement on the part of An Garda Síochána.

“We will share this report and its findings with An Garda and hope they will take it on board and continue to work to improve the policing of protest in Ireland.”

Emily Williams, policing and justice policy officer at ICCL, added: “Around the world, authorities are clamping down on people’s freedom of expression and right to protest peacefully about causes they care about.

“Ireland has a long history of protest and it is essential that it continues to be protected and upheld into the future.

“We look forward to continuing the vital work of the Irish Network of Legal Observers throughout 2026.”

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