Higgins set to defy new bylaws in Galway

The former Labour cabinet minister, Mr Michael D

The former Labour cabinet minister, Mr Michael D. Higgins, says he will not be bound by proposed new bylaws in Galway city which will curb distribution of information and public assemblies.

The anti-litter bylaws are "unnecessary, misguided and anti-democratic," Mr Higgins, the Labour TD for Galway West, said.

He has called for "massive public support" for a demonstration against the proposals when Galway city councillors meet at City Hall on Monday night.

In a submission to Galway City Council Mr Higgins says that, if the bylaws are passed, he intends to speak at the first of a series of public meetings in the near future.

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The draft new anti-litter bylaws stipulate that anyone holding a public meeting or religious service with more than 100 people will be compelled to seek written permission from the city council.

Buskers and film-makers are also covered by the new legislation, and other activities such as swimming, skateboarding, kite-flying, roller-skating and angling can only take place in "designated" areas.

Advertising material cannot be distributed in a public place, the only exception being election and referendum material.

The draft laws have been opposed by an umbrella group of non-governmental organisations, community groups and members of political parties, entitled Defend Free Speech and Assembly (DFSAA), which held a mock funeral to mark the "death of free speech" in Galway earlier this week.

"This proposal draws no distinction between advertising material of a commercial kind and advertising of a political, cultural, educational, community, religious or indeed any voluntary kind," Mr Higgins said yesterday.

"The distribution of material relating to any of the issues of the day nationally - equality, citizenship, participation or activity in the public sphere - would be prohibited.

"The distribution of literature on any of the great and distressing international issues - war and peace, aid, trade debt, globalisation, world poverty - would be prohibited. It would, thus, limit the rights of citizens to communicate and come to an informed opinion on such issues," he said.

Mr Higgins said the legislation would involve a breach of rights hard won and would constitute a form of censorship.

"While everybody can reasonably be asked, and indeed required, to support the campaign for clean environment, the use of the Litter Act, 1997, to prohibit the distribution of handbills for public meetings and events is unacceptable," he said.

The bylaw was being introduced without presentation of any alternatives, he pointed out.

Galway City Council, which has the most progressive urban waste management programme in the State, has defended the proposed bylaws.