New face masks law based on whether a garda ‘reasonably suspects' criminal intent

Irish Times

06-05-2025

Anyone wearing a face mask, or any face covering, can be told to remove it once a
garda
'reasonably suspects' its use is intimidatory or intended to make it easier to commit a crime and avoid detection.
If the request is met by a refusal, the individual will be committing a criminal offence and can be arrested and prosecuted.
The proposed legislation is being brought to Cabinet for approval today by Minister for Justice Jim O'Callaghan. It is initially designed to tackle far-right protesters but will extend much further and gives gardaí a wide-ranging power based on their judgment.
However, the Irish Council for Civil Liberties said it is 'deeply concerned by the Government's plan to criminalise the wearing of face coverings'. It said people may want to wear face coverings for medical or religious reasons or to protect their privacy.
READ MORE
It said it was concerned the new face mask measures, when added to Garda body-worn cameras and plans for gardaí to use facial recognition technology, would create a 'chilling effect' around the expression of opinion in public spaces.
The legislation is expected to be enacted in the autumn, which would allow for its bedding in before the State assumes the six-month presidency of the European Union next July, and which gardaí believe could be targeted by protesters from the far right and extreme left.
Mr O'Callaghan wants to ensure the new measure will result in a consistent policing approach in tackling all forms of violent protest and all offenders. However, the legislation does not infringe on the right to protest or to gather in public places.
Sources said the Minister believed the changes – which will amend the Criminal Justice (Public Order) Act 1994 – will be cost-neutral, will deter the wearing of face coverings and will also make investigations faster and less complex.
Gardaí believe it will aid them in gathering intelligence on a small number of protesters who seek to abuse the right to protest by having the power to engage with them and record their identifies and other details, if they wear masks in specific settings.
Garda Commissioner Drew Harris last June first mooted the idea of tackling the wearing of face coverings in public, asking the government to review whether legislative changes could be made to give gardaí additional powers.
He raised it in the context of far-right protests by masked people outside politicians' homes, specifically Tánaiste Simon Harris, then taoiseach, and other far-right incidents during the local election campaign last summer.
However, since then, the number of far-right protests and other incidents has declined. Gardaí have, at least in part, attributed that drop off in activity to the arrest of far-right activists for public order crimes.
100 days of Government and very little to show
Listen |
40:27
Protests associated with Israel's bombing of Gaza are now much more frequent than far-right gatherings. In a small number of cases, anti-Israel events have resulted in arrests.
The legislation being brought before Cabinet today can apply to any situation in a public place, including any form of protest, but only where intimidation or intended criminality is suspected.
A garda can form the view that a face covering is being worn to intimidate others or to conceal the wearer's identity to facilitate in the commission of a crime or hinder an investigation and prosecution. They can ask for the covering to be removed and, if it is not, begin a prosecution process.
The new power can be applied to street crime, especially that being witnessed in Dublin. Garda sources said many of those crimes – including road traffic offences on scooters and motorbikes, as well as assaults and thefts – are perpetrated by young offenders wearing face coverings.
The new amendment is part of the General Scheme of Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025, and will amend the existing public order legislation when enacted.
Under the same legislation going to Cabinet, those offering or advertising 'sex for rent' arrangements will face fines of up to €5,000. The Bill creates two separate offences – one for offering and the other for advertising – with no requirement to prove that sexual activity took place. It is expected to apply to rental agreements and 'rent a room' situations.
If approved by Cabinet, the general scheme of the legislation much be published followed by a pre-legislative scrutiny process. It is envisaged the legislation could be enacted as early as October.