The Irish Human Rights and Equality Commission has been granted leave to appear as amicus curiae in the case of DPP v Dowling, which relates to an incident at Shannon Airport in April 2017.

The appellant, Dan Dowling, was convicted of trespass contrary to section 11 of the Criminal Justice (Public Order) Act 1994 after entering a high-security area of the airport as part of a protest targeting the US military.

A C40 aircraft belonging to the US military was damaged during the protest, with “Danger, danger, do not fly” written and a “U” shape drawn in marker on the aircraft.

The Court of Appeal rejected Dowling’s appeal against conviction in September 2025, holding that the common law defence of necessity was not available to participants in a direct action protest.

The Supreme Court has noted that that there is little Irish authority on the subject of the defence of necessity in relation to the charge of trespass and how it might relate the offence of trespass in the case. 

In a statement, the Commission said it will be of assistance to the Supreme Court by exploring case law and legal commentary not currently before the court, including recent case law of the European Court of Human Rights.

The Commission will focus on the Constitutional rights to free expression and free assembly in the context of a criminal prosecution for in cases of “direct action”. 

Director Deirdre Malone said: “This case raises questions in relation the interaction between criminal prosecution and the constitutional rights of freedom of expression and assembly in the context of ‘direct action’ and the defence of necessity and lawful excuse.

“The Commission looks forward to making itself available to assist the court in its consideration of these important issues.”