Justice minister Jim O’Callaghan yesterday said new powers are necessary as “some protesters are covering their faces in an obvious effort to alarm and intimidate individuals in various scenarios or to avoid detection when committing a criminal offence”.

However, the Irish Council for Civil Liberties (ICCL) said it was “deeply concerned” about the proposal and its potential impact.

The new power is included in the general scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025, which was published yesterday and is now being referred to the Oireachtas justice committee for pre-legislative scrutiny.

Mr O’Callaghan said: “This measure will serve as a deterrent against disorderly conduct, threats and intimidation in public places, enhancing public safety and reinforcing law enforcement. It will provide gardaí with an express power of enforcement and ensure a more consistent approach in handling such situations.

“While people have the right to protest and that right must be respected, it is subject to the rights of others in our community. Balancing the right to protest with protecting the safety of others is a complex task for members of An Garda Síochána.

“It has become apparent that some protesters are covering their faces in an obvious effort to alarm and intimidate individuals in various scenarios or to avoid detection when committing a criminal offence.”

In a statement, ICCL said: “There are many reasons people may wish to cover their face at a protest or in daily life — including for health reasons, for religious reasons, to protect their privacy or to demonstrate political solidarity.

“Wearing a face covering is not in itself violent behaviour, nor does it indicate an intention to engage in violence. ICCL’s position is that a piece of clothing or the act of wearing a piece of clothing should not be criminalised.

“Gardaí already have significant powers under the Public Order Act to respond to a person acting in a violent or threatening manner, including powers of search and arrest. Existing criminal law is sufficient to address criminal acts at protests.

“Combined with increased surveillance through body-worn cameras and plans for garda use of facial recognition technology, criminalising face coverings risks creating a chilling effect whereby people feel unable to express their opinions in public spaces.

“The rights to protest, to privacy and to express ourselves are fundamental rights in any democratic society and should not be eroded.”