Proposed ban on leaflets criticised

A proposed ban on issuing handbills and leaflets in Galway city has been criticised by an NUI Galway law lecturer as "absolutist…

A proposed ban on issuing handbills and leaflets in Galway city has been criticised by an NUI Galway law lecturer as "absolutist" and in breach of the European Convention on Human Rights.

Such an outright ban on leaflet distribution represents "a serious incursion on the principle of freedom of expression," Mr Donncha O'Connell, law lecturer at NUI Galway, has said.

The law lecturer has also expressed alarm at a separate proposal by Galway City Council to restrict various forms of public assembly, under the Parks and Open Spaces Bye-Laws, 2003. This was a further example of "hasty and ill-considered measures inimical to freedom," Mr O'Connell said.

Friday was the last day for submissions to Galway City Council on the draft by-laws, which have been drawn up under the 1977 Litter Pollution Act.

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They propose an outright ban on distribution of leaflets and handbills advertising events. The proposed fine for breaches is €200, but the ban will be relaxed during election and referendum periods.

The separate proposed ban on public gatherings of more than 100 people for religious or other reasons on open spaces without the written permission of Galway City Council is on the agenda for tonight's city council meeting.

Alderman Catherine Connolly, Labour Party representative on the council, says that is a "draconian" restriction on the right to assemble or protest, and against the Constitution.

"This proposal was already thrown out in Dublin, and Galway City Council is going to waste taxpayer's money by ending up with a court challenge on this if approved," she said.

Mr O'Connell said it would appear the city council had not given any consideration to the implications of the European Convention on Human Rights Act, which had just been passed by the Oireachtas. The proposed measure represented a disproportionate means of achieving the legitimate target of tackling litter.