Mr. Liam Herrick:

I am very familiar with the area and the problem to which the Deputy refers. The law must be precise. It must be predictable and clear. It was suggested that over the summer months there was a particular problem with very large gatherings in rented accommodation, of up to 100 people, and that this might present a public order and nuisance problem and might also potentially present a public health problem. There might be a range of ways in which that could be dealt with. It was not demonstrated that Garda powers under the public order Act were inadequate to deal with that particular problem. The proposal that ultimately came forward was to criminalise gatherings of more than six people in a private setting, which was a completely different problem. This did undermine the clarity and coherence of the overall approach.

With regard to the role of the Garda particularly, I pay tribute to the remarkable job that An Garda Síochána has done in supporting the public health effort and being a front-line agency since March. The strategy around the use of penal provisions and criminal sanctions by An Garda Síochána is that these measures are to be sparing and minimised. Very good decisions were made not to involve the Garda in the policing of private homes and holiday homes or around the policing of quarantine. These were good decisions which we support. Against that background, the proposal to introduce a role for An Garda Síochána in policing private gatherings of six people in people's gardens flew completely in the face of the strong approach that had been there before. It was a mistake and we are glad that that proposal was withdrawn.

The same applies in the context of expanding the role of An Garda Síochána with regard to public houses. For example, there are highly sensitive questions about the police, as a community service, and putting them in a position of potential conflict with members of the public going about their ordinary lives. The approach we have had up to now has been good. We should be careful about introducing new criminal penalties and new roles for An Garda Síochána that would criminalise matters that are properly public health matters.