Dáil debates

Wednesday, 2 September 2020

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage

 

7:45 pm

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Sinn Fein) | Oireachtas source

I welcome any Bill to the House that offers support to gardaí that will help them in enforcing the law of the land, especially around Covid-19 and compliance with the guidelines. This Bill will give gardaí powers, should they need them, to close licensed premises that are not adhering to guidelines. However, I am deeply concerned about the use of these powers and how they can be effectively policed.

Back in March of this year, publicans the length and breadth of Ireland closed their doors. Many did so before they were even asked to because they knew social distancing was going to be hard to implement and, even if they could do it, the question of whether it would be commercially viable would loom over them. Therefore, to assist with the country's fight against Covid-19, they voluntarily closed their doors and turned off their lights. Here we are, six months later, and for more than 2,000 of those pubs, the lights are still off, the taps are still dry and the tills are still empty. More than 22,000 staff are out of work, as well as some musicians and some local taxi services, to name but a few.

Since then, we have had a couple of false starts. Pub owners dipped into their cash reserves to restock and to get their pubs Covid-ready. Then, with a bang, the opening date was pushed out, not once, but twice, each time giving another crippling blow to an industry that was already on its knees. These businesses have not been given the opportunity to reopen, or to prove they can do right and can reopen safely.

The lack of suitable supports given to this sector has been widely noted and this has led to a very successful campaign by the Vintners Federation of Ireland, the Support Not Sympathy campaign. The Government's recent announcement to support jobs was nothing more than a publicity stunt. The real support these businesses need is the opportunity to show they can operate safely but, at the very least, they need a realistic timeline they can work towards for reopening. They need to know there is light at the end of the tunnel. The extension of a business restart grant was laughable for businesses that are still shuttered - it just did not make sense.

The Association of Garda Sergeants and Inspectors has expressed its concern around trying to police these laws and whether these extra powers will be enforceable. How are gardaí to decide what they see is a substantial meal? How can they effectively police that? What are the guidelines for the superintendent making an on-the-phone decision on whether or not to close a premises? What will the superintendent’s opinion be? Will superintendents be issued with guidelines around this? Can we ensure the superintendent's decision will not be completely subjective and, therefore, unfair to one business over another? Are these rules open to scrutiny or even appeal, and if so, how? Do these laws leave the sole responsibility for inspecting pubs to the Garda? If so, will the Garda get the resources it requires to ensure it can police this effectively? Can we ensure these inspections will not hamper or reduce regular policing duties? Since those pubs with kitchens reopened some six weeks ago, it would appear there have not been any confirmed cases linked to these pubs.

How will this law enable the Garda to police house parties? We have heard time and again from the acting Chief Medical Officer that house parties are causing clusters across the country. How is it proposed that we clamp down on these? While the scenes over the past weekend have been crazy and must be condemned, how will these laws assist the Garda in policing this matter going forward?

It seems we are working hard to clamp down on an industry that has worked well since pubs reopened their doors but we do not have any proper procedure in place to clamp down on the sectors that have recorded quite a lot of cases in recent times, the biggest example being the meat factories. The lack of proper inspections of these factories has been criminal and the working conditions in this sector are shocking. Surely, in 2020, the ability to access sick days should be standard. Of course, people may risk going to work, even if they have symptoms, if they are going to have to do without a day’s wages.

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