- Conference
- Date
- June 16, 2017
- Decision
In 2016 working people in the Republic of Ireland built a mass campaign of non-payment and direct action to defeat the imposition of a tax on water. This charge was a first step towards the privatisation of water. On 21 October 2016, a 17 year old was found guilty of false imprisonment in the Children’s Court in the Republic of Ireland. He was 15 at the time of the ‘false imprisonment’, which consisted of participating in a protest against water charges and austerity on 15 November 2014, which resulted in Joan Burton’s (the then Deputy Prime Minister) car being delayed for two and a half hours in Jobstown in Tallaght in the Republic of Ireland. There was no allegation or charge against him of any violence. He was recognised by the judge as having led a “blameless life”.
However, the judge found him guilty of false imprisonment and listed the following factors which led him to that conclusion: He sat in front of a car and encouraged others to do so; He participated in a slow march; He momentarily stood in Joan Burton’s way and asked to talk to her; He used a megaphone to chant “No way, we won’t pay.”
Conference believes that:
- It is clear that he was protesting, not kidnapping. Although he was given a conditional discharge, meaning that he will not face imprisonment if of good behaviour for nine months, the important fact is that he was found guilty of false imprisonment because of participating in a protest. The verdict prepares the way for convictions and imprisonment of 18 adult defendants next year, and a dramatic broadening of the definition of false imprisonment to include many forms of protest. Striking workers could find their picket lines classed as false imprisonment, as could any protesters who engage in a slow march or sit down protest;
- In England, Wales and Northern Ireland a system of law similar to that in the Republic operates. There is a danger that a successful prosecution of the Jobstown defendants could lead to similar tactics being used against protesters here. The first trial of adults starts on April 24 with a group of seven defendants charged with false imprisonment. One of those is Paul Murphy, an MP for the Anti Austerity Alliance. If jailed for more than six months, he will be removed as an MP and the people of Dublin South West (which includes Jobstown) will be denied the democratic choice they made.
Conference resolves to:
- Condemn the conviction of the 17 year old protester of false imprisonment;
- Recognises that “an injury to one is an injury to all” and this conviction is a threat to everybody’s democratic right to protest and to effective trade unionism;
- Calls for all charges to be dropped against all the Jobstown protesters immediately. Agree to send a message of solidarity and a donation to the #JobstownNotGuilty campaign and to publicise and support activities supporting the campaign.
Mid Yorkshire Health
NEC POLICY: DEFER