Seán Crowe (Dublin South West, Sinn Fein) | Oireachtas source

I wish to refer to a couple of the points raised by members. The example of a polling station was used, although I accept it was not the ideal analogy. Normally, the action taken comes as a result of a complaint. We are all familiar with the legislation or, rather, we are not familiar with it but we have a sense of it. My understanding is that the distance set out is 100 m from the entrance to the polling station - not necessarily its front door, but its gateway.

Under this proposed Bill, setting the curtilage or boundary of the safe zone is important. Any number of hospitals could be mentioned, but the example of St. James's was used. There are houses overlooking it. Would a banner hanging from someone's house be acceptable? There are also houses around St. Vincent's hospital. Would protests outside people's homes every night be acceptable? This issue poses significant problems.

The Garda's approach of engaging, educating, encouraging and enforcing is the right one compared with just telling people to go home, desist, disperse or whatever. The impression we were given when the departmental officials appeared before us was that the Garda was fully engaged in this process and on the journey with the Department, so I am shocked to learn that there has only been one meeting. A part of the challenge for the committee, in which respect I would like Dr. McNamara's view, is that we are looking at the heads of a Bill and not a Bill's contents. Whenever we ask about the proposed Bill, we are told that it is being work on. We are supposed to be engaging in pre-legislative scrutiny, but we are scrutinising heads rather than an actual Bill. Did the Garda face this challenge as well? If proposed legislation is before someone, it is much easier to see what will and will not work. In the Garda's engagement in the process, did the witnesses experience the same frustration?

It is unusual for the Garda to appear before the health committee, but enforcement is a key component, so it is a policing matter and there would be something wrong if we did not have the Garda appear before us. We have received approximately 11 submissions from various organisations. We will take those on board in our scrutiny.