Protesters who wear balaclavas may see masks form part of evidence against them, Department of Justice says

Taoiseach Simon Harris last week said he needed a “very simple answer” on whether it is legal to wear balaclavas at protests.

Men wearing balaclavas and masks were part of a protest at accommodation earmarked for migrants in Co Wicklow recently.

Despite footage circulating on social media, concerns have been raised that gardaí may have issues identifying people involved in the protests.

Masked anti-immigration protesters were also outside Equality Minister Roderic O’Gorman’s home in recent weeks.

The Department of Justice has now said the law is “very strong” regarding the wearing of balaclavas or any other clothing which increases “fear and intimidation”. These clothing items may be used as evidence, the department said.

“The law is now very strong in ­relation to harassment and in circumstances where the wearing of a balaclava or ­other items of clothing contributes to a person’s fear or intimidation, then that would be part of the evidence in those circumstances,” a spokesperson said.

Fianna Fáil TD John Lahart asked if there is a legal view on the wearing of masks and balaclavas at protests.

He asked Mr Harris in the Dáil: “How does the Taoiseach view it? Is the Government minded to look at that?

“I cannot think of any good reason aside from a pandemic why someone would want to cover their face in a public protest or place.”

Mr Harris said: “If the view of society is that people should not be able to turn up masked outside people’s homes – anybody’s home – in this country, we need to know a very simple answer as legislators.”

Justice Minister Helen McEntee has also previously promised to bring forward new proposals if “any gaps are identified in the law”.

“The Garda Commissioner has advised Minister McEntee that he recently issued guidance to garda management to the effect that where incidents cross the line from protest to harassment or intimidation, they are fully investigated and prosecutions are pursued, where appropriate,” a spokesperson said.

Mr Harris said warning signs around the abuse of politicians and public ­figures need be taken seriously “before the unthinkable happens”.

There has been widespread condemnation from politicians on attacks on gardaí as well as protests outside politician’s homes. Ms McEntee has experienced multiple bomb threats at her home, where she lives with her husband and two young children.

The Irish Independent reported earlier this week that People Before Profit TD Paul Murphy is to contact gardaí after a death threat was spray-painted on a wall close to his house over the weekend.

The graffiti, which read “Paul ­Murphy RIP” has since been covered up. The threat was widely criticised by both Government and opposition politicians.​