Mattie McGrath (Tipperary, Independent) | Oireachtas source

I support Deputy Howlin's amendment. As I said when I called the vote last night and by having the vote, this Bill is rushed and there has been no pre-legislative scrutiny. As I also said last night, we have supported every piece of legislation from day one, when this first broke around St. Patrick's Day, blindly, I would say, and in a rush, but in good faith. The public and the publicans have shut their doors and everyone who was asked to do anything has done it - the vast majority, with maybe a tiny percentage of people who did not. However, fatigue, tiredness and weariness are growing. The mixed messages from the Government and Departments, and the changing of the guard of Ministers and the Taoiseach - the whole lot - has caused huge slippage.

I thank the Ceann Comhairle for his words yesterday in regard to the issue in Clifden. The Taoiseach recalled the Dáil to appoint a new Minister and to deal with this legislation, but the main thrust of what we are doing is to rush this legislation through. I believe this legislation is draconian and unprecedented, and, of course, it is obviously unprecedented because we have an unprecedented crisis. However, there is an issue in regard to the two words “or otherwise” in this section because they could mean anything. If anyone thinks it is funny, it is not very funny for a publican who has to get his or her licence once a year in public court and run his or her business professionally, as the vast majority do. Some 130 have been cautioned during the Covid crisis so far but they have not even been charged with anything, so far as I know. It is a sledgehammer to crack a chestnut. It is overbearing and overreaching to have these powers to go into premises. The words “or otherwise” could include a publican’s home or someone else's home, and I am not satisfied that is not included in this either. The term “or otherwise” has no business in legislation because it is too loose. I could say, “I caught a salmon, or otherwise I caught a trout”. This kind of dúirt bean liom go ndúirt bean léi is doublethink.

Deputy Howlin mentioned that it could be the drafters; I do not know if that is the case and I am not blaming the drafters. However, it is very serious. There needs to be much more clarity, given this is draconian legislation. We cannot have loose terms like “or otherwise”, which could mean anything - it could mean “or otherwise we could all be at home today”, or even “or otherwise the sky could fall”. It is not acceptable.

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