Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

The Bill we are discussing is set to sanction public houses and restaurants that go against measures designed to combat the spread of Covid-19. While I am sure everyone here would agree that everything must be done to tackle the spread of the virus, I must question the level of consideration that has been given to this Bill and the workability of the measures it seeks to put into law.

At the outbreak of Covid-19, licensed premises were among the first to close their doors, and many in my own constituency in Tipperary did this before they were instructed to. They must be commended because they knew the decision was going to damage their business but they did it as it was the right thing to do. When they shut their doors, they believed they would be given the supports to get them through this public emergency but this did not happen, and over the following months they became more and more concerned for the future and for their livelihoods. As the dates for reopening drew near, many dipped into their own savings to prepare but then, on a number of occasions, the criteria were changed, the rug was pulled from under them and reopening was delayed on two occasions. Each time this happened, a crushing blow was dealt to the industry and a campaign emerged calling for Support Not Sympathy.

I remember receiving calls at this time from business owners appealing for support, such as licence payment deferrals and for the year's licence fee to reflect the time these businesses have been unable to trade, and they also wanted ongoing supports. I also received heart-breaking calls from workers whose jobs had finished. A worker who had been with her employer for years recently contacted me to find out about the supports available to her and her family now that her employer had run out of road and he had no choice but to shut down for good.

What is equally saddening is the fact this is happening across the country and, for many, it could have been avoided. Instead, it has been allowed to continue with the announcement last Friday that there is nothing for anyone. The latest package of measures, which amounts to just €16 million, was too little and, for many, it was too late. I saw a report in one of the newspapers today which suggests it equates to €160 or €170 a week for a publican. It was not designed to assist the pub sector; instead, it is a ready-made token gesture that offers so little support that it is pointless. Worse than that, it effectively tells our pubs that the crisis will spell the end for many. The sector has been telling the Government for months that it needs supports for as long as pubs remain closed but, to this day, the Government has chosen not to listen and not to act, and the sector faces collapse as a result.

This brings me to what we have before us today, which is one element of the Government strategy to stop the spread of the virus. Let me say that some of the images we saw outside pubs in recent days were appalling. These actions are to be condemned and must be deemed socially unacceptable. People must not act in this way and the law must apply to those responsible. While the Government’s overall strategy to date has its flaws and Sinn Féin will continue to monitor the general effectiveness of that strategy, we agree that, in the interests of public health, regulations must be followed by licensed premises and, therefore, must be overseen robustly. However, those regulations need clarity, as I have said. We need to ensure that the misdeeds of some do not continue to threaten the ability of others to reopen. The future of so many other premises that are not yet reopened depends on those whose doors are open to comply with the regulations.

While I and my colleagues will not oppose this Bill, there is one issue on which we need a firm commitment, namely, the sunset clause. The provisions of the Bill will continue until 9 November this year and Sinn Féin, as a party, is adamant that this date must be kept to. I believe the Government approach to date has been misguided in this regard. It is seeking to introduce sanctions but it will not put as much effort into fully supporting the sector. Why is that? Is it because it is easier and cheaper for the Government to identify issues and then issue sanctions than to come up with a proactive plan that helps the sector, which in large part has shown incredible responsibility so far? Do not get me wrong.

Businesses that do no enforce the guidelines should be penalised. The Government strategy appears to be one of putting the cart before the horse. There is no carrot for this sector, just the threat of the stick. This backwards way of doing things is all too evident in the concerns that have been expressed recently by the Association of Garda Sergeants and Inspectors. Its concerns are similar to those of our responsible publicans and restaurant owners. The concern is in regard to the level of detail. The Government was so slow in circulating the final Bill it seemed it was unsure of what it was doing. We need clarity and detail on the following issues. Is this Bill effectively giving An Garda Síochána the sole responsibility of inspecting our pubs, in the same way that the Health and Safety Authority, HSA, is responsible for inspecting our meat factories? Will the inspection of our pubs be the responsibility of An Garda Síochána? The HSA was found to be unable to do this effectively. According to figures obtained by my party colleague, Deputy David Cullinane, between March and August there were only 39 inspections of meat processing plants by the Health and Safety Authority. If the Government expects An Garda Síochána to be more productive and effective it will need to give them the necessary resources.

The Garda and our publicans need to know how gardaí are to ascertain whether a pub or restaurant is compliant with all guidelines. Will they have to ascertain if there is compliance with the €9 meal rule? Will they have to determine what is a proper meal and what is snack designed only to enable the customer to get a drink? Will a breach of any one of these rules be enough to close down a premises? Will gardaí have to ensure compliance with the required number of hand sanitizers based on the number of people in the premises at any one time and is breach of same enough to close down a business? Will gardaí have to enforce social distancing inside and outside of a pub? We need clarity on all these issues, as do the Garda and publicans.

This Bill also gives superintendents the power to apply for a temporary closure of a premises where in their opinion there has been a failure to apply to obey a compliance notice already issued. We need clarity on what an opinion is and how a court will make a decision on the basis of that opinion. Is weight given to how informed that opinion is? We have to bear in mind that a temporary closure could last as long as 30 days. These matters are of importance to the Garda as well as our pub and restaurant owners.

Can the Government give us an assurance that consideration will not be given to policing house parties, as has been reported? We cannot in all good conscience enter into this dangerous territory. To do so would be a backwards step in a very dark time for our country. This Bill requires more clarity and more joined up thinking, which I hope the contributions of my party in the course of this debate will contribute to. Most of all, the Government must stop failing the restaurant and pub sector. It needs proper help and it needs it now. The failure of the Government to act will result in the collapse of the sector and the loss will be felt in every village and town in rural Ireland.

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