Mr. Liam Herrick:

We should recall that in the initial period after the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act was passed on 20 March 2020, there was a period of time in which gardaí were involved in operating checkpoints and engaged in other public functions to inform people of the public health guidelines but without any powers of enforcement. They appear to have performed a hugely valuable and successful function during that period as an essential front-line service without resort to punishment. The Minister for Health has, in the past year, introduced a number of regulations that have not contained penal provisions. It is clearly the position of the Government that it is possible to have regulations which do not necessarily have a consequence of criminal punishment.

The question more generally is what we are seeking to achieve. We are seeking to achieve widespread public and community compliance with a set of guidelines that does not relate to crime in any ordinary sense. As Dr. Lunn's statement indicated, there are a number of ways to achieve compliance. The effect of criminal law enforcement is probably marginal at best, particularly at this point in the pandemic. From a human rights perspective, that calls into question whether it meets the standard of necessity and proportionality.

There is a wider question about where our Garda and community policing reform process is going and the potential damage that can be done by having the Garda involved in areas that are not proper policing matters over too long a period of time. Our view is that this is the moment when we should certainly have public health guidelines and good communication. The Garda may have a function in informing and helping the public but there should be no more imposition of fines and punishment.