
There was supposed to be a document on the Irish council for civil liberties site but they dont bother with it any more. An Indymedia article is written for the shell to sea campaigners. This is what they claim:
You can only be stopped or questioned by a Garda in accordance with law.
To be randomly stopped and/or questioned by a Garda is an abuse of privacy and deprivation of personal liberty. You are entitled to walk the street without question or prevention by a Garda, unless your actions or conduct are such that there is provision in law relevant to your behaviour to stop and question you.
YOU MUST ASK QUESTIONS BEFORE THEY ASK QUESTIONS.
If you are stopped or questioned, and this is very important, the first thing you should do is ask the Garda why you are being stopped or questioned. It’s so important to ask the Gardaí questions and to get answers to those questions. If a Garda cannot, will not, or refuses to use ‘the law’ by invoking a relevant act (such as Public Order Act or Road Traffic Act or whatever) then you do not have to engage or cooperate with him in any way. He must invoke the law to use the law … in accordance with the law! If he refuses, he is not acting in accordance with any law and you should invoke your rights to personal liberty and go about your business.
Furthermore, “Any person (note: including a Garda) who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place is committing an offence under Section 9 of the CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994”.
If a garda is insisting, then you must also insist on asking what provision of law he makes such a demand. If he continues to make up some rubbish under ‘colour of law’ refuse to co-operate and tell him he will be held personally liable at civil and criminal law for wrongful arrest and false imprisonment if he abuses his authority further.
There is nothing in the document that covers gardai throwing you over a barrier to allow a land rover to pass (2:00 in) Read more of this post