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    50 years since 1968

    Not a week has gone by in 2018 Ireland without several street demonstrations, especially about abortion and the housing crisis. In France, protesting is part of the vernacular. Riots are common: just look at 1789 and 1968. Ireland and France share a reputation for feistiness. A comparison between Irish and French demonstrations could be instructive. “What do we want? Public housing! When do we want it? Now!”. More than 10,000 people are currently home- less in Ireland. The demonstration I attended, organised by the National Homeless and Housing Coalition, on 7 April was good-natured: festive and serene. People played and sang music as they marched. The Garda seemed engaged and smiled while overseeing the demonstration: a safe protest. It appeared the crowd was representative of the general population, as perhaps you might want. It started at the Garden of Remembrance and ended in front of the Custom House in Dublin in light rain, as cheerful as the weather allowed. Its effectiveness was its mainstream attendance; there was no danger here. It would, I reflected, be different: more fractious, less representative, angrier – in France. Ireland fights for Human Rights At the moment Ireland is in arms over: abortion, education, sex education, health, animal welfare, drugs. But I have the sense that some of these campaigns are not mainstream, even as protests. Certainly the Water Protests were successful, albeit the underlying political message (no new taxes?) and symbolic value were not too clear. Abortion is a long-standing divisive issue in Ireland, symbolising the hegemony and, later, decline of the Catholic Church. Protests date back to 1983 when an unwise blanket prohibition was approved in a referendum. In May there will be a rerun. There are many events, debates and demonstrations on both sides, with pro-choice as fashionable politically as pro-life must have been a generation ago. The demonstration I attended in April was ‘pro-choice’- for ‘Equality, Freedom and Choice’, organised by Rosa. The rally was jubilant and confident, almost over-confident. The Daddy of all modern Irish marches is the PAYE protests from 1979-1980. Around 700,000 Dubliners marched against the stifling ‘Pay As You Earn’ tax. The BBC called it “the largest peaceful protest in post-war Europe”. But I sense things have changed since then. There is no longer an Ireland the sense that the regime is fundamentally at odds with its electorate. Perhaps it’s because the country now mostly complies with international norms or is fast moving in that direction; perhaps it’s because the country is simply much wealthier and has never been so confident. In 2003, Irish anti-war protesters organised a demonstration for peace in Iraq. The British and Americans had invaded Iraq. 100,000 walked on the streets of Dublin. It was a thoroughly internationalist protest. In 2006, a violent demonstration took place in Dublin’s O’Connell Street. For some reason Northern Unionists wanted to organise a ‘Love Ulster’ Parade to honour the victims of the IRA. A counter demonstration materialised and a riot started. Several Molotov cocktails were thrown and cars were burnt. A total amount of 14 persons were wounded and 41 arrested by Garda. Locals put the intense violence down to the alien influence of recalcitrant Northerners: it didn’t symptomise a new riot mentality. These kinds of demonstrations are pretty rare in Ireland compared to in France, where there are wide-ranging politically-driven strikes and demonstrations every year. Governments can fall as a result of demonstration culture in France. If France had had an international bailout that was forcibly inflicted on the population; if France had had the iniquities of Nama bailing out the richest failed developers there would have been strikes and riots. A country’s protest mentality varies from generation to generation. We’ll put down the Irish monster meetings and boycotts of the nineteenth century as the fruits of a different era. Where a country is colonised and not run for the benefit of the majority – or a significant minority – wideranging subversion is to be expected. In Ireland it culminated in the Easter Rising in 1916 and the War of Independence 1919-21. In the North of course discrimination against Catholics fuelled a later whirlwind. In the Bogside riots of 1969, eight people were killed, a majority Catholic, and over 150 homes destroyed; and the IRA campaign resulted in 1696 deaths. But, though important, this all speaks little to the modern-day Republic of Ireland.   France, protest pioneer French demonstrations have been well-known and lethal since at least the 18th century with a sustained and celebrated (though not of course by Edmund Burke) historic riot: the French Revolution, facilitating a declaration of the rights of man and changing forever the notion of the political establishment. In the twenty-first century, protests are still an important political phenomenon. France has been a global leader in dissent. The rockstar of street opposition was May 1968 when strikes and demonstrations led by students and workers and the occupation of universities and factories across France brought the entire economy of France to its knees and political leaders feared civil war or revolution. The moribund government itself ceased to function for a while after President Charles de Gaulle secretly fled France for a few hours in Germany. ‘68 changed France’s democracy: the super-annuated President De Gaulle resigned, the Assemblée Nationale was dissolved, and government committees were formed to restructure secondary schooling, universities, the film industry, the theatre and the news media. The Grenelle Accord gave better conditions for the unemployed, a 35% increase in the minimum wage and a fourth week of paid leave for those in employment. Mentalities started to change too with a sexual revolution from the young. Mixed schools became more common. 1968 sundered a post-War France of austerity, conservatism and asceticism. Nevertheless the movement succeeded “as a social revolution, not as a political one”. President of the Republic (2007-12) Nicolas Sarkozy famously denounced May 1968 as the source of contemporary France’s problems. The student revolts against bourgeois society introduced a “relativism”, he argued, that undermined national identity, the spirit of

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    Revive Sex Offences Bill

    The Criminal Law (Sexual Offences) Bill 2015 had passed through the Seanad and was before the Dáil. However, unfortunately the Bill will not be passed through the Dáil before the 2016 General Election. It is now vital to ensure that it is restored to the Dáil at the same stage it had reached very early in the term of the incoming government. The Bill represented groundbreaking reform of sexual-offences law. The Bill contains welcome changes to criminal-evidence rules in sex-offence cases, for example by setting out precise criteria restricting disclosure of victims’ counselling records to the defence, a practice which currently causes great distress for victims. Other important changes protect child witnesses from being cross-examined in person by defendants in sex offence trials; and prevent judges and barristers from wearing wigs and gowns when a child witness is giving evidence in such trials. The sections that have received most attention are those dealing with prostitution law. These sections would criminalise the purchaser of sexual services (the client), while decriminalising the seller (the person engaged in prostitution). This change is based on a law introduced in Sweden in 1999. It would radically reform our deeply awed prostitution law, under which both prostitutes and clients are criminalised. By criminalising buyers of sex, it will pave the way for an approach to regulating prostitution that recognises the lived reality of those in prostitution, and that genuinely seeks to tackle sexual exploitation of women. Current Irish law focuses on prohibiting the visible manifestation of prostitution through criminalising offences of ‘loitering’ and ‘soliciting’. While these offences are gender-neutral, most prosecutions in practice are brought against women, who will typically be convicted of ‘soliciting’ and ordered to pay a ne (which many will go back to prostitution to pay). This model clearly has not succeeded in reducing the numbers of those engaged in prostitution; or in addressing the real exploitation experienced by many of these women. The Oireachtas Joint Committee on Justice, Defence and Equality recently conducted a review of prostitution law in recognition of the problems with our current law. We received 800 written submissions, 80% of which favoured the Swedish approach. These submissions were drawn from a broad cross-section of civil society, including trade unions, frontline medical workers, service providers and those working with migrant women. We heard evidence from Sweden that their law has been effective in reducing prostitution levels, and has had a positive normative effect on social attitudes to sexuality. The Committee also held a series of public hearings, with input from those both for and against the Swedish approach, and from those directly engaged in prostitution. We heard that women enter prostitution in Ireland at a young age, many under 18. Many people are trafficked into prostitution and the vast majority are subject to control by a third party, or pimped. The report of the Committee, published in 2013, concluded that prostitution is widely available across Ireland. It is highly organised, highly profitable, highly exploitative and largely controlled by organised crime interests. That is the actual reality of prostitution. Current Irish law has failed to tackle this. We unanimously recommended a radical change with the adoption of the Swedish approach to criminalise only the client, the purchaser of sex. This Swedish law is based on a view of prostitution as inherently exploitative, amounting to gender-based exploitation. Laws based on this approach have already been introduced in other countries, including Canada, Norway, Iceland and most recently Northern Ireland. The changes we recommended were supported by a wide range of organisations, including the Immigrant Council of Ireland, the National Women’s Council and the Turn Off the Red Light campaign. Ultimately, they were adopted by the Government and included in the 2015 Bill. The Bill was debated at length in the Seanad over December and January. The campaign for this Bill must now continue into the next Dáil. Its offer of important changes to sex-offences law generally, its provisions to decriminalise those engaged in selling sex and to criminalise those purchasing sex, and its promise to tackle sexual exploitation, particularly of children and those engaged in prostitution must be defended and realised without delay. Ivana Bacik

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