HOW TO WIN THE WAR – GETTING INTO POSITION

(Reading time: Introduction, one minute; Part One: 5 mins; Part Two 2 mins: Part Three: 3 mins; Part Four: 2 mins; Total: 13 mins.)

Diarmuid Breatnach

INTRODUCTION:

Although I often think about the big questions – and am generally guided by my philosophy on them, my mind and energy are usually too occupied with specific struggles to focus on them for long. Recently however I had the opportunity and the need to think about the war, the one we have yet to win.

Storming Bastille Painting Jean-Pierre Houel
The Storming of the Bastille (translation), French Revolution, 1789 by Jean-Pierre Houel. (Image sourced: Internet)

But to which war am I referring? The Irish war of national liberation that has been flaring up for centuries, being lost each time before flaring up again? Or the class war, which has had a few sharp Irish episodes but has been, for the most part in Ireland, in abeyance? The answer is BOTH, though it may seem that my emphasis in the discussion, certainly in the early part, is on the national liberation war.

In order to imagine how we might win, it is helpful to examine past struggles and analyse what went wrong with them. Pessimists love to focus on those things I know – but in order to push us towards reformism or just surrender; my approach instead is from a revolutionary perspective.

Generally, Socialists analysing the class struggle don’t even ask themselves why we have not had a revolution yet. From week to week, month to month, they tend to focus on this or that particular trade union or social struggle but without going into the big picture. It seems as though they can’t even imagine a socialist uprising in Ireland, it’s just too far away to think about, apparently. But if one can’t even imagine such a revolution, how could one consider the necessary steps to get there?

Communards Paris Barricade 1871
Communards at barricade, Paris Commune 1871. (Image source: Internet)

Irish Republicans on the other hand are often thinking in terms of revolution, usually including armed struggle. However it seems to me that Irish Republicans don’t like analysing past failures of the movement but when they do, their verdicts tend to be that the leaders betrayed the struggle or that taking part in public elections corrupted the movement; or that infiltration, spies and informers was the problem. And some other reasons. The thing is, although all those things played a particular part, they are not the fundamental reason.

Defeat Rebels Vinegar Hill Drawing George Cruikshank
“Defeat of the Rebels at Vinegar Hill” by George Cruikshanks, i.e United Irishmen last major position in Wexford overrun, 1798.

PART ONE: THE THIRTY-YEARS’ WAR – DOOMED TO LOSE

(Reading time this section: less than 5 minutes)

Free Derry Corner Gas Mask Images
Derry Monument and Mural of the Civil Rights struggle which preceded the armed struggle in the Six Counties. (Image sourced: Internet)

          The national liberation war that began in 1969 in the Six Counties and ended in 1998 (though some armed incidents continue from time to time) began as a civil rights struggle and changed into a war of communal defence and of national liberation. The military part of the struggle for the most part took place in the occupied Six Counties. The political element of the struggle was waged all over Ireland (and abroad) but in the main consisted of support for the struggle in the Six occupied Counties.

Fought in that way, the struggle was bound to lose. It could never win. How could anyone imagine that they could win a struggle fought against a world power in one-sixth of the country, where even the population there was divided against them? What could they have been thinking?

To my mind, there are only two possible sane replies to that question, which is that they believed: 1) that the British ruling class would get worn down by struggle and leave and/ or 2) that the Irish ruling class would intervene in some way to assist the struggle and make continued British occupation untenable.

1) ‘The British ruling class would get worn down and leave’: This theory must have depended on British repression being condemned abroad and being unpopular at home but had to rest fundamentally on the British having no great stake in continuing its possession of its colony there.

Anyone who thought that (and there were many who did and still many who do, not just Irish Republicans) made a fundamental error. Time and again the British ruling class has shown its determination to hang on to what might be considered its first colony, even as the ruling class’ composition changed from feudal-colonialist to capitalist-imperialist and as the world changed around it.

Collusion State Murder Mural
Mural in nationalist area in the Six Counties (Image sourced: Internet)

Even when the British ruling class, weakened by WW1 and facing an Irish guerrilla war which enjoyed the support of the vast majority of Irish people, with national liberation uprisings breaking out across its Empire and with its repression in Ireland increasingly unpopular at home, entered into negotiations with the Irish resistance, it held on to a foothold, the Six Counties.

Subsequently, it had that colony managed in a permanent state of emergency laws, with institutionalised sectarian discrimination at all official levels and outbreaks of pogroms in the street and workplace.

That became even more exposed during the civil rights struggle and the national liberation war that followed when the British State compromised whatever good international reputation remained to its Armed Forces, its judiciary, its legal establishment, its media and its very legal framework.

Even now, when many believe that the Good Friday Agreement means that a 50% plus-one-vote in favour in the Six Counties will be sufficient to end Partition, they do not realise that such a decision will have to also obtain a majority in the British Parliament and be endorsed by the British Monarch. They are also forgetting the broken promises that surrounded Partition in the first place.

British Soldiers Helmeted Belfast 1969
British Army in Belfast 1969 (bayonets and guns pointed towards nationalist area). (Image sourced: Internet)

When analysing what holding on to the Six Counties has cost the British State in terms of reputation, military and financial contributions, one can only rationally assume that continuing to hold on to that foothold is of great importance to the British State. One may speculate as to the reasons underlying that but the central fact cannot be denied.

2) ‘The Irish ruling class would intervene in some way to assist the struggle and make continued British occupation untenable’:

There was some basis for this belief in that a section of Fianna Fáil, a party that had emerged from a split in Sinn Féin in the 1930s and had become one of the mainstream parties in the Irish state, had retained some traditional commitment to seeking a united Ireland. However it was a thin enough basis on which to depend in a national liberation struggle since that section had no majority within the party itself, to say nothing of the foreign-dependent nature of the Irish native capitalist class, the Gombeens, as a whole.

The question came to a trial of strength in the Arms Crisis of 1970, in which at least two Fianna Fáil Government Ministers were involved in secretly buying arms for the defence of nationalist areas in the Six Counties (since the IRA had insufficient weapons at the time) from rampaging Loyalist mobs and the Royal Ulster Constabulary (including the part-time B-Specials). The Ministers alleged that they had acted in the full knowledge of the rest of the Government. By the time the whole affair was over, two Ministers had been sacked and another two resigned in protest.

If it had not been clear before that the Gombeens, the native Irish capitalist class was no patriotic capitalist class but rather a neo-colonial one, it should have been clear after that. But the armed struggle in the Six Counties intensified, especially after the massacres of unarmed civilians carried out by British Paratroopers the following year, 1971 in Belfast and again in Derry in 1972. And the war lasted until 1998.

If, as had been demonstrated to be the case that the British ruling class were determined to hold on to the Six Counties and the Irish ruling class was not going to seriously challenge that possession, did the Republican movement have any other option than to fight on a war that they could not possibly win?

I am clear that it did.

Clearly, in order to have a chance of success, the war had to be extended to the other five-fifths of the country, which is to say into the territory under the control of the Irish native capitalist class. This class had seized power after the War of Independence (1919-1921) and had beaten and suppressed its opposition during and after the Civil War (1922-1923) and furthermore was supported by a powerful ally, the Irish Catholic Church. Since the founding of the first Irish Republican organisation, the United Irishmen of the late 1790s, the Catholic Church hierarchy had opposed Irish Republicanism; it had condemned four Irish priests who participated in the uprising of 1798, excommunicated the Fenians, had at first condemned the 1916 Rising and the War of Independence only to latch on to it at the end along with the Gombeen class.

The general Irish population likely would not have supported or sustained an armed struggle in the 1970s against the Gombeen class but that class could have been fought politically, through agitation and mobilisation, on many social, political and economic fronts. Without going into the specific details of each, these were:

  1. against the huge wastage of Irish youth through emigration

  2. to remedy the shortage of affordable housing (which in part contributed to the above)

  3. to end unemployment (also contributing hugely to emigration)

  4. to raise the level of wages and lower wage earners’ taxation

  5. for the right to divorce

  6. for equality for women in law

  7. for the right to contraception devices and medication for men and women

  8. against decriminalisation and for equal rights for gay and lesbians

  9. to halt the decline of the Irish language, in particular of the rural Irish-speaking areas

  10. to improve services for the rural areas

  11. to oppose the open-door policy for foreign multinationals to exploit Irish natural and human resources

  12. to secularise the education service

  13. and the health service.

  14. to remove the privileged status of the Catholic Church within the state.

Irish Womens Liberation Connolly Station
Irish women photographed at Connolly Station 1971, about to board train to Belfast to purchase contraceptives to bring back to the Irish state, illegal at the time. There was no right to abortion either or divorce and a husband’s signed permission was necessary to take out a hire purchase agreement. (Image sourced: Internet)

The Republican movement in general, with some exceptions, declined to take on any of those struggles. They did not organise in the trade union movement, left the social struggles to others and most of all, declined to take on the Catholic Church on any issue except its opposition to the national liberation struggle. Even there, it was happy to publicly avail of the services of members of the Church clergy who supported them. Republicanism was, from its very beginning, as well as anti-monarchist, about separation of Church and State but it was difficult to see that in the Irish Republican movement, particularly after the War of Independence.

A full half of those fourteen points above (nos. 5,6, 7, 8, 12, 13 and 14) would have meant taking on the Church head-on and no doubt the hierarchy would have hindered the struggle over most of the others too, due to its strong links with the State and its ruling class.

Because of its tactical and no doubt ideological refusal to take up those struggles, the Republican movement could do little more in the 26-County state than to agitate for solidarity with the beleaguered nationalist population inside the British colony.

Though this could be effective for a time it could not become a mass movement, nor survive a long struggle, without any remedy being sought for the issues facing the population within the state.

The wonder is not that the majority leadership of the Republican Movement threw in the towel on the military struggle in 1998 but that they had waited so long to do it. Of course, they never admitted the true nature of what they were doing: abandoning the armed struggle and revolution in total and instead, using their negotiating position to advance themselves politically – not in the economic, social and political struggle envisioned above but rather in a political struggle to find themselves a place among the Gombeen political class in the Irish state and as accomplices in the governing of the colonial state.

PART 2: COLLECTING THE FORCES FOR REVOLUTION

(Reading time this section: 2 minutes)

          A successful revolution in Ireland, as in most places, would require the involvement of a mass movement. That mass movement would be unlikely to be one that had national self-determination as its only aim – certainly not in the 26 Counties (the Irish state). Mass movements arise at times around different issues and exist as long as the issue does or instead until the movement gets worn down or broken up. Such movements arose around the Household Tax and, later, around the additional Water Charges.

Water Protest Long View 29 Aug 2015
Section of protest against water charges, O’Connell Street, Dublin, 29 Aug. 2015 (Image source: Internet)

Even though the objectives of such movements are often not revolutionary, the participation in them by revolutionaries is necessary if, in the future, there is to be a revolution. Revolutionary activists can make contacts and prove themselves by the way they participate whilst at the same time pointing out that a revolution is necessary in order to resolve all these issues completely and permanently. Such activists can also influence the movement (or sections of it) to act in more revolutionary ways, so that the movement can be guided by – and imbued with — revolutionary spirit.

Working people in struggles come up against concrete problems which need to be resolved in order to move forward. Prior to 1913 in Ireland, workers learned the need for unity in struggle which was emphasised by the employers’ attempts to break the Irish Transport and General Workers’ Union in August 1913. The attacks on them by the Dublin Metropolitan Police illustrated the need for organised defence and Larkin and Connolly called for the formation of what became the Irish Citizen Army, which later also fought prominently in the 1916 Rising.

Packed Workers Liberty Hall 1913
Members and supporters of the Irish Transport & General Workers’ Union cheering outside the union’s HQ, Liberty Hall, August 1913. Later the union formed the ICA to defend themselves from the DMP; the ICA took a prominent part in the 1916 Rising. (Image source: Internet)

Trade unions are the only mass organisations of the working class in Ireland and it is necessary for revolutionaries to be active within them. Currently, other than social democrats, it is mainly members of both trotskyist parties and independent activists who engage politically with the trade unions. Those members are mostly in clerical work and their political work tends to concentrate on employment demands around wages and working conditions. When they introduce politics it is generally to get some motion passed by their branch. Also at times, they will campaign to get a perceived left-wing candidate elected to some position within the trade union bureaucracy.

None of the above are without value but they remain disjointed in terms of program and often confined to just one trade union. Not only that, but often the Left party involved will engage in order to recruit some new members and in order also to retain their own members by providing them with activity. When broad front trade union groups are formed, they tend to become an arena where the dominant trotskyist parties compete for dominance.

If we are to have a successful revolution – and in particular a socialist one – participation in the struggles of workers in the trade union movement is absolutely necessary. But participation should be primarily among the rank and file of the trade union and also across trade unions, focused on providing solidarity to members of whichever union is in struggle – in addition to encouraging unorganised workers to organise and become active. The objective is not to help make one trade union or one section more militant but rather to create a militant workers solidarity movement within the whole trade union movement. It is essential to have members in the ‘blue-collar’ work unions or departments as well as in the clerical unions or sections. And the cross-union organisation I advocated should be independent — the preserve of no political party.

Participation in such struggles provides an opportunity for revolutionaries to make contact with people who are activists but not yet revolutionaries and to give those people an opportunity to evaluate the revolutionaries in terms of their actual practice. Revolutionaries can support the people struggling for worthwhile reforms while at the same time pointing to their partial and temporary nature. Revolutionary activists can play an educational role in the mass movements while at the same time becoming educated themselves by the daily reality faced by the masses in this system.

PART 3: THE ABSOLUTE NEED FOR UNITY – BUT WHAT KIND?

(Reading time this section: 3 minutes)

          It is, most people would think, a ‘no-brainer’ (i.e an obvious truth) that unity is necessary in the struggle to overthrow the current system. It might be thought surprising, therefore, that disunity is more the rule among those who aspire to revolution.

Generally, those who claim to be revolutionary socialists will not unite with Irish Republicans. In addition, those socialists of one party will often fail to unite with those of a different party. The same dynamic is to be seen among Irish Republicans also.

There have been many attempts to overcome this problem. In the 1930s the Republican Congress sought to unite Irish Republicans with revolutionary socialists. In the face of hostility within the mainstream Republican movement and also with divisions among the communist element in Ireland at the time, faced in addition with anti-communist hysteria whipped up by the Catholic Church, the experiment failed. The leadership of the Sinn Féin and the IRA of the later 1960s tried to combine socialism and republicanism within one party and military organisation, an attempt that crashed when it was discovered that the arms necessary to defend ‘nationalist’ community areas in the Six Counties, particularly in Belfast, were unavailable, leading to an acrimonious split in the movement. A subsequent attempt to combine the socialist and republican elements in another organisation survived a little longer but also failed for a number of reasons, some internal and also due to Irish State repression.

Shankhill Rd Republican Congress WT Commemoration 1934
Socialist Republicans, members of Republican Congress from Shankhill Road, marching to annual Wolfe Tone commemoration, Bodenstown 1934. They were attacked by conservative Republicans. (Photo source: Internet)

There have been some attempts to unite the non-republican Left itself also, which usually failed due in part to ideological differences but also to political sectarianism and personality clashes. Currently both trotskyist parties have an uneasy working relationship, the small grouping of Independents for Change exists also, the Communist Party is very small too and the anarchists are scattered and unable for years now, for the most part, to mount united action.

Attempts to unite the various parts of the Irish Republican movement have, in general, focused on creating a new organisation or absorbing activists unhappy with one organisation into another.

A frequent approach has been for some people to sit down and produce what they consider solid policy and a constitution, then to propose this format to others around which to unite. Even when accepting amendments from the elements they seek to recruit, these attempts too have largely failed.

It seems a rational approach: if we want unity, surely first we have to agree on what for, how, etc, etc before we can go into action? I believe, contrary though it may seem, that actually we should unite in action first. Uniting in action tends to break down barriers of mistrust that are built on hearsay or suspicions fostered by sectarian elements. Action also tends to clarify certain questions that until then are theoretical only. Of course, at some point, action will need to be guided by worked out policy but initially the action itself can be sufficient guide, especially since approaching the question the other way around has been so generally unproductive.

Unity Is Strength Image copy

The question then arises: with whom to unite? In general, I would say that the answer is: with all with whom we can, in actual practice, unite: different types of revolutionary socialists (including anarchists), Irish Republicans, Left social democrats, human and civil rights activists.

There are some exceptions I think necessary to mention: fascists, racists, religious sectarians and parties that participate in Government. Fascists seek to impose an undemocratic regime completely hostile to the interests of working people and, far from our uniting with them, need to be defeated; racists and religious sectarians seek to divide the movement along lines of ethnicity or religious affiliation. Revolutionaries need to draw a clear line of distinction between the movements of resistance and those who participate in a native capitalist or colonial government, i.e the management organisations of the enemy.

Many issues lend themselves to united action but perhaps none more so, and none are more essential, than against repression.

PART FOUR: UNITY AGAINST REPRESSION

(Reading time this section: 3 minutes)

          All revolutionary movements – and many that are progressive but not revolutionary – face repression at some point in their existence. Not to recognise that fact and to have some kind of preparation for it, even if very basic, is indicative of a non-revolutionary attitude to the State. Nor have we any reason in Ireland to be complacent on this question.

The Irish State turned to military suppression in the first year of its existence as did also the colonial statelet. Detentions, torture, murders and official executions were carried out by Free State forces over a number of years, followed by censorship and arrests, all facilitated by emergency repressive legislation. In the Six Counties, in addition to similar even more repressive legislation, there were two sectarian militarised police forces and sectarian civilian organisations.

After a change of government, the Irish State introduced internment without trial during the Emergency (1939-1946), the Offences Against the State Act in 1939, Special Criminal (sic) Courts in 1972 and the Amendment to the OAS in that same year.

Bloody Sunday march Derry 2014
Poster for 2014 Commemoration of Bloody Sunday massacre, Derry 1972. The poster calls for unity. (Image source: Internet)

The Six County statelet had the Special Powers Act (1922) and brought in internment without trial in 1971 (the Ballymurphy Massacre that year and the Derry Massacre the following year, both by the Parachute Regiment, were of people protesting the introduction of internment). The statelet also introduced the Emergency Provisions Act and the no-jury Diplock Courts in 1973 and, though technically abolished in 2007, non-jury trials can and do take place up to today.

The British state targeted the Irish diaspora in Britain in 1974 with the Prevention of Terrorism (sic) Act and that same year and the following, framed and convicted nearly a score of innocent people of bombings in five different cases – had the death penalty not been previously abolished for murder, most of them would have been executed. It took the victims over 15 years to win their freedom, by which time one had died in jail. Brought in as a temporary measure, the PTA continued in force until 1989 but a general Terrorism Act was brought into British Law in 2000 and remains in force today.

Birmingham Six Photos Bruises
Photos of the Birmingham Six, Irishmen resident in England, showing bruises from police beatings after their arrest in 1974; they were also beaten by jailers. Also arrested, brutalised, framed and convicted were the Guildford Four, Maguire Seven and Giuseppe Conlon and Judith Ward. (Photo source: Internet)

State repression rarely targets the whole population and, particularly in a capitalist “democracy” focuses on particular groups which it fears or feels it can safely persecute. However, we should also recall Pastor Niemoller’s words about the creeping repression which even the German Nazi state instituted, going after first one group, then another, and another …. Among the list of groups targeted eventually by the Nazis were Jews, Roma, Communists, Socialists, Anarchists, Social Democrats, Jehova’s Witnesses, Free Masons, Gays and Lesbians, Mentally Ill or challenged, physically challenged ….

It is in the interests of the vast majority of the population to oppose repression of different groups, whether those groups be based on ethnicity, gender, sexuality, citizenship status or democratic politics. Not everyone recognises this of course but one might expect that political activists challenging the status quo would do so. Sadly, experience shows that they do not in practice (though they may acknowledge it intellectually).

Lineup Clenched Fists & Banner
Anti-Internment and political prisoner solidarity picket September 2016 at Kilmainham Jail, Dublin (a former place of detention and execution for political prisoners under both the British occupation and the Irish State, now a museum). (Photo source: Rebel Breeze)

With some periodic exceptions, socialist groups in Ireland do not support protests against repression of republicans. Furthermore, some republican groups will not support others when the latter are subjected to repression. Yet at any time, Republicans of any group can be and are regularly harassed in public or raided at home; their employers may be warned about them by the political police; they may be detained on special repressive legislation, denied bail, effectively interned; they can be easily convicted in the non-jury Special Criminal Courts or Diplock Courts; ex-prisoners released on licence in the Six Counties can be returned to jail without any charge or possibility of defence.

The Irish State’s non-jury Special Criminal Court is a tempting facility for putting away people whom the State finds annoying and it is widely thought it was considered for the trials of the Jobstown protesters. The result of the trial, where the jury clearly took a different view to the presiding judge, may well have justified the opinion of those in the State who considered sending the defendants to the SCC.

solidarity woodcut

Unity against repression is a fundamental need of a healthy society and of movements that challenge the status quo. Practical unity in any kind of action also tends to break down barriers and assists general revolutionary broad unity. Unity against repression is so basic a need that agreement with this or that individual is unnecessary, nor with this or that organisation in order to defend them against repression. Basic democratic rights were fought for by generations and have to be defended; in addition they give activists some room to act without being jailed. On this basis, all must unite in practice and political sectarianism has no place in that.

Without some basic unity in practice across the sector challenging the status quo, there can be no revolution. But more than that: we stand together against repression ….. or we go to jail separately.

End.

Diarmuid Breatnach is a veteran independent revolutionary activist, currently particularly active in committees against repression, in some areas of internationalist solidarity and in defence of historical memory.

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JOBSTOWN EIGHTEEN TO BE SENT FOR TRIAL IN THREE BATCHES

Diarmuid Breatnach

 

 The Jobstown Eighteen are charged with offences carrying maximum penalties of 10 years and life imprisonment: sixteen with “false imprisonment”, nine with “violent disorder” and some with both, arising out of a demonstration against the policies of the then Minister for Social Protection Joan Burton, when she was attending a function in the area. The demonstration blocked her car allegedly for two hours. They were on their ninth appearance in court this week and had until very recently been the Jobstown Nineteen but co-accused Philip Preston died tragically at the age of only 36).

Jobstown Not Guilty Banner Crowd
(Photo from Jobstown Not Guilty FB page)
Some defendants and some supporters outside the court on the 13th
One of the Jobstown 19 in conversation and supporters of another unrelated case outside the court after the appearance on the 13th (Photo: D. Breatnach)

(Photo from Jobstown Not Guilty FB page)

The Jobstown Eighteen, with the exception of a few, including Paul Murphy TD who had been excused appearance for a number of reasons, appeared before Judge Melanie Greally in the CCJ building on Wednesday 21st July, their ninth court appearance since the Jobstown protest on 15th November 2014. Jobstown is a recent kind of suburb of Tallaght, itself a fairly recent population centre to the southwest of Dublin City. A few juveniles charged in connection with the protest are being dealt with separately in the Children’s Court and one was recently sentenced to six months imprisonment.

20160720_122308
A Jobstown Eighteen accused leaving the court as supporters of another unrelated case congregate outside (Photo: D. Breatnach)

Most of the morning was spent by arguments of the battery of defence lawyers against the State’s prosecutor, Mr. McGillicuddy, on the issue of separate trials. The State contends that those on separate charges have to be tried separately but that such a simple division alone would mean eleven on trial at once and that would be too many, according to the State, for the jurors to be able to follow the evidence and decide on the guilt or otherwise of each defendant. The numbers had to be broken down into three or four groups, the State contended.

The defence lawyers argued that some Prosecution witnesses would, in such a process, be called to testify in a number of separate trials and would become too used to their evidence as the element of surprise was removed. Mr Peadar Ó Maolain BL stated that “Prosecution witnesses will be very polished at this stage.”

Another defence argument was that those in last group would not face trial until possibly four years after the original incident. The whole morning was spent with these types of arguments and some lawyers also opposed the putting of their client into a particular group.

 

PICKING OUT “LEADERS”

The State also made it clear that it sought to try four of the defendants — Paul Murphy, Tommy Kelly, Mick Murphy, Declan Kane — in one separate group, alleging that they had been “in organising mode”, a clear attempt to put some in a leadership category with, presumably, heavier punishment for them should they be convicted.

 

NO RECORDING ON SMART PHONES”

Before the submissions began, Judge Greally told the packed courtroom that at the last hearing in May “persons were observed recording these proceedings” on mobile “smart phones”. She said that anybody seen doing this from now on would, at the least, be removed from the courtroom and would be in danger of being found in contempt of court. She did not explain why she objected to recording proceedings nor whether it was only video or including only audio recording to which she was objecting.

At midday Judge Greally said that she would allocate people to the groups and ordered those charged to return to court on October 3rd when presumably they will be committed for the different trials and a jury sworn in. Bail was continued under existing conditions.

 

DANGEROUS PRECEDENT – SOLIDARITY MOBILISATION NEEDED

These charges are in themselves repressive, seeking to free representatives of the Government and others from serious inconvenience in cases where the population feels that they have been acting unjustly and mobilises to show their dissatisfaction. Joan Burton was one of the most disliked Ministers of an unpopular government, partly for her abrasive manner but much more so for her policy of cuts to funding for social provision. She was also disliked for a controversial exchange in the Dáil when she seemed to be suggesting both that violent behaviour of police on demonstrations and anti-water charge pickets should not be videoed and that ordinary people having Ipads or phone cameras capable of filming those videos was a luxury that would not or should not be within the purchasing range of those protesting.

In addition, the maximum punishments possible on conviction of those charges are ten years and life imprisonment.

If the State succeeds in gaining convictions in these trials, even if the sentencing were fairly lenient within what is possible, it will be a serious setback for the right to protest effectively, to cause disruption to the schedules of Government Ministers and to confront them with strong demonstrations of the people’s anger at the measures being inflicted on the people by the policies of said Ministers.

It is therefore important for people to demonstrate their support for those charged in a number of ways but in particular by attending the trials and other public demonstrations of support.

 

LEGAL DEFINITIONS AND PUNISHMENT

The charge of “false imprisonment” is akin to kidnapping and has in the past been applied to cases where a person does not permit another to leave a building or an area, usually also preventing them communicating with others. Minister Burton’s car was surrounded by Gardaí as well as demonstrators, she had mobile phones to hand, had changed vehicles during the incident and never attempted to leave the vehicle at the end.

“False Imprisonment”, under the provisions of the Non-Fatal Offences Against the Person Act, 1997, can result upon conviction ‘on indictment’, i.e. which is what the court is doing here, to imprisonment for life.

The charge of “violent disorder” is similar to “riot” and came into Irish law as part of the Public Order Act of 1994; its provisions and explanation are identical to the British Public Order Act 1886 and it carries a maximum jail sentence of ten years.

End

 

Violent Disorder

Where—

(a) three or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence, and

(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person’s safety,

then, each of the persons using or threatening to use unlawful violence shall be guilty of the offence of violent disorder.

(2) For the purposes of this section—

(a) it shall be immaterial whether or not the three or more persons use or threaten to use unlawful violence simultaneously;

(b) no person of reasonable firmness need actually be, or be likely to be, present at that place.

(3) A person shall not be convicted of the offence of violent disorder unless the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence.

(4) A person guilty of an offence of violent disorder shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.”