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Unauthorised Postering banned in Dublin Area

category dublin | rights, freedoms and repression | news report author Monday March 01, 2004 14:22author by David Report this post to the editors

Under the guise of the Protection of the Environment Act 1997, No posters will be allowed in the Dublin area unless prior approval is granted by the Dublin City Council or they are relating to an official Election campaign.

Ironically this environment protection legislation will prohibit local activist groups from advertising events aimed at protecting the Environment.

The Usual suspects have all condenmed this attack on freedom and civil liberties, some claiming that they will fight any fines in the courts.

Litter pollution act 1997
19.—(1) Where any structure or other land, door, gate, window, tree, pole or post is in or is visible from a public place, a person who is not the owner, occupier or person in charge thereof shall not—

( a ) exhibit or cause to be exhibited thereon any article or advertisement, or
( b ) carry out or cause to be carried out any defacement thereof by writing or other marks,
unless the person is authorised in advance to do so in writing by such owner, occupier or person in charge or by or under any enactment.

(2) A person shall not place advertising material on a mechanically propelled vehicle in a public place without the prior consent of the person who owns, or is in charge of, the vehicle.

(3) Without limiting the liability of any other person under subsection (1) or (2), where there is a contravention of that subsection in relation to—

( a ) an advertisement that pertains to a meeting or other event, the person who is promoting or arranging the meeting or event, or
( b ) any other advertisement, the person on whose behalf the advertisement is exhibited,
shall be deemed also to have contravened that subsection.

(4) A local authority may, on such terms and conditions as may be agreed upon by it and the occupier concerned, in the case of an article, advertisement or defacement in its functional area in relation to which there is a contravention of subsection (1)—

( a ) by its employees or agents, remove or obliterate all or a part of the article or advertisement or, as the case may be, remove or otherwise remedy the defacement, and
( b ) for those purposes, by its employees or agents, enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned.
(5) In a prosecution of a person in relation to a contravention of subsection (1) it shall not be necessary for the prosecution to show and it shall be assumed, in the absence of evidence to the contrary, that the person was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree, pole or post to which the contravention relates and was not authorised as referred to in subsection (1).

(6) A person who contravenes or is deemed to have contravened subsection (1) or (2) or who obstructs or impedes a local authority or its employees or agents acting in the exercise of the functions conferred on a local authority by subsection (4) shall be guilty of an offence.

(7) A prosecution shall not be brought in a case in which an offence under this section is alleged to have been committed in relation to an advertisement if—

( a ) the advertisement is exempted development within the meaning of the Local Government (Planning and Development) Act, 1963, or is a notice displayed or erected in pursuance of a requirement by or under any enactment, or
( b ) the advertisement—
(i) advertises a public meeting, other than an auction, or
(ii) relates to a presidential election within the meaning of the Presidential Elections Act, 1993, a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1992, a local election within the meaning of the Local Government Act, 1994, a referendum, within the meaning of the Referendum Act, 1994, or an election of representatives to the Assembly of the European Communities,
unless the advertisement has been in position for 7 days or longer after the day specified in the advertisement for the meeting or the latest day upon which the poll was taken for the election, bye-election or referendum concerned.

(8) In this section and in section 20—

"occupier" in relation to a door, gate, window or tree, means the occupier of the structure or other land on which the door, gate, window or tree, as the case may be, is situated and, in relation to a pole or post, means the owner of the pole or post;

"structure" has the meaning assigned by the Local Government (Planning and Development) Act, 1963.

author by Davidpublication date Mon Mar 01, 2004 14:30author address author phone Report this post to the editors

( a ) the advertisement is exempted development within the meaning of the Local Government (Planning and Development) Act, 1963, or is a notice displayed or erected in pursuance of a requirement by or under any enactment, or
( b ) the advertisement—
(i) advertises a public meeting, other than an auction, or

It seems that public meetings are indeed exempted from the regulations...
I couldnt find anything in the act anywhere else that referred to public meetings not being exempted...

But just in case.. An idea to get around any legal difficulties relating to this would be to
(a) Not include the name of the organisation who are holding the event on the posters.
(b) Not include the exact location of the event on the posters (to prevent the authorities fining the owners of the venue)

So instead of saying "the grass roots Gathering are organising a meeting, say "A grassroots organisation are organising an event called The grassroots gathering"
And isntead of saying that its to be held in the teachers club on a certain date, instead advertise it for the "footpath outside the teachers club" A public space, the council wouldnt be able to fine themselves.

author by Curiouspublication date Mon Mar 01, 2004 14:39author address author phone Report this post to the editors

Especially in relation to :

7) A prosecution shall not be brought in a case in which an offence under this section is alleged to have been committed in relation to an advertisement if—

( a ) the advertisement is exempted development within the meaning of the Local Government (Planning and Development) Act, 1963, or is a notice displayed or erected in pursuance of a requirement by or under any enactment, or
( b ) the advertisement—
(i) advertises a public meeting, other than an auction, or....

Does this not allow for advertisments of public meetings (granted, the ad has to be removed 7 days after the event)?
Also, can I presume that this law has been in place since 1997? Has it been used to date? What are your reasons to believe it will be used in the future? And could you clarrify the 'usual suspects' so that I might approach them for more information. cheers

author by Curiouspublication date Mon Mar 01, 2004 14:41author address author phone Report this post to the editors

author by Anonymouspublication date Mon Mar 01, 2004 14:48author address author phone Report this post to the editors

"instead advertise it for the "footpath outside the teachers club"" - Good thinking David : )

But this is terrible news and will have a very negative effect to activisim in Dublin. Would you or anyone else have any further information?:-

1. Does it affect the handing out of leaftets?

2. How was this defeated in Galway.

3. Surely, if groups agreed that they would pull down any posters that they put up, they should be allowed do this - as with elections.

author by Davidpublication date Mon Mar 01, 2004 15:00author address author phone Report this post to the editors

"At a press conference this morning, representatives of the Irish Anti-War Movement, the NGO Peace Alliance, the Irish Council of Civil Liberties (ICCL), Labour, the Green Party, Sinn Féin and the Socialist Party claimed this amendment was "cynical and Draconian" as it was designed to quell anti-Government protest. "
(Ireland.com)

In the Executive summery on the official government website, some of the key points are that the Protection of the Environment act 1997 allows local authorities pass 'legislation' to restrict public advertisments but i couldnt find anything on the statute book that mentioned this (I'm not a lawyer or even close, maybe i just didnt see it)

http://www.irishstatutebook.ie/front.html

author by concerned democratpublication date Wed Mar 03, 2004 21:37author address author phone Report this post to the editors

this is another attack on democracy by fianna fail .........................why don't they do something useful and make political corruption illegal?

author by Michelle Clarke - Former student at Trinitypublication date Wed Mar 03, 2004 23:26author email michelle33 at eircom dot netauthor address author phone 086 624 3471Report this post to the editors

As bipolar with neurological brain damage that makes retrieving and recording information difficult, I find it a distinct violation of civil liberties and human rights prohibit Posters, Leaflets etc. being distributed and used for days of protest.

It is this time last year approx. that I joined others at a protest against the Iraqi War outside the Department of Foreign Affairs at 6 p.m. It was the posters and leaflets that provided the prompts to keep me abreast of what deeply concerns me ..... Peace, the Rule of Law, the Island of Ireland reflecting the views of its people, the Geneva Convention, Glenda Jackson, Caoimhe Butterly - a personal friend, Sir Michael Mansfield QC etc...........

Given my one dimension focus, I was confounded at the time when I was refused entry to the Burlington Hotel. I returned and stopped off to get coffee and a sandwich. The doorman asked me what posters I was carrying. Innocently, I saw no harm. I went to the Burlington daily. I asked if I could place them in the coat room.

I was treated with total disrespect and asked for the manager. It was explained about the Americans and their custom as in funding to Ireland.......Yes, the economics.......!!!

I left making the statement that I WAS IRISH AND DID NOT SUPPORT OUR INVOLVEMENT IN THE 'WAR'.

WHAT IS HAPPENING TO IRELAND?
The Tribunals and politicians 'who dare to front our democracy' seem to have dissociated themselves as people from the position they assume.

Those of us who can think, grasp, express opinion, voice digressions at a national level, a European level and Worldwide are being hampered by legislation sneaking in the backdoor under the terms keeping the environment clean.

Freedom is a gift to be nurtured. Ireland is hosting the European Convention - this does not give our administrators the right to bureaucratically push through legislation to run contrary to our Constitution, Human Rights, the EU and otherwise.

Let us stand up and be counted.

It is as mentioned on Prime Time the other night but one generation possibly two generations away since we 'fought for the right to BE!!!!!'

One serious point: Missing People.
Bookshops are a haunt for my rambles. I often used to go to one in Rathmines. Being timeless I one day in a Temple Bar coffee shop saw the notice of the pleasant woman who use to run the shop........she is a missing person.

Let's make this society more inclusive. At least I have the woman's face in mind and maybe just maybe some day............

A quote to think about. 'You got to be the change you want to see'

author by Serge VandenBerghepublication date Fri Mar 05, 2004 23:58author address Mayfield, Corkauthor phone Report this post to the editors

In Paris a group called 'antipub' reclaims the wall of the undergroung by covering the commercial billboard with craft paper. This allow every passer by to leave their own message on that blank surface if they want to.
If postering is banned on the walls of Dublin, why not use the commercial billboards instead!

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