Dáil debates

Thursday, 3 September 2020

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

 

1:40 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

Although I do not think it is the intention of Deputy Howlin, I point out that this amendment does not actually intend to provide for a right of appeal.

The amendment seeks to include a provision in section 4, which the Deputy has rightly outlined deals with the immediate closure of a premises where the Garda determines there has been a serious breach of a Covid regulation despite previous Garda engagement with the premises to become compliant and it has not done so. Deputy Howlin's amendment seeks to state that there is nothing in this Bill that would preclude a licensee from raising any number of matters or defences at a later stage should this issue be raised, in particular, if I understand the Deputy correctly, the renewal of a licence to which a garda is objecting on these grounds. There are not measures in this Bill to stop a closure because it is not practical as an immediate closure is something that happens immediately. Following on from that, Deputy McNamara is correct that the judicial appeal is the next step.

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