Dáil debates

Thursday, 3 September 2020

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

 

11:35 am

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent) | Oireachtas source

I too support Deputy Howlin. With regard to this Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020, Second Stage of which was just voted on and passed, the late Jackie Healy-Rae always said that everybody was responsible for his or her own actions, the manner in which he or she votes and how he or she chooses to do his or her business. What has happened here today sends out a wrong and hurtful message to publicans in Ireland. Before the majority of our pubs are to be given the opportunity to open their doors we are setting out in this Bill what can be done to close them down.

Earlier this week on a Radio 1 programme Antoinette Cunningham, General Secretary of the Association of Garda Sergeants in Ireland, stated that unrealistic expectations are placed on members of An Garda Síochána by public commentary from Government and legislators who say these laws can be introduced but never give any thought to the final piece of it, which is how measures are to be practically enforced. In regard to greater enforcement around the restrictions in pubs, Ms Cunningham called on the Government to consider any new laws carefully. She made the point that as we do not live in a climate where it is practical to dine outside in winter time this will move people indoors and create difficulties in relation to social distancing as there will be bigger crowds inside pubs. She also said that the Government should examine the legislation it is introducing to see if it is enforceable and practicable and will serve society well and, if not, it should consider reviewing it. They are very sensible words from a sensible person who is dealing at the coalface with what it will mean to implement what the legislators are now putting forward and will become law.

I have a question for the Minister. The Government in its infinite wisdom is giving additional powers to the Garda and throwing this burden of work upon it. Does it propose to give the Garda additional resources? I presume and assume that the answer to that question is "No". When our sergeants, inspectors and chief superintendents are allocating the work of An Garda Síochána from where are they to take resources in order that gardaí can be deployed to the enforcement of this legislation? This is a retrograde step. I have often heard the leader of the Rural Independent Group, Deputy Mattie McGrath, say that rushed legislation and rushed law-making is bad law-making and he was always correct in saying it. He has said that over many years. I believe it to be true. This legislation is being rushed through and legislation is wrong when it is rushed. We are where we are. What does the Government propose to do in respect of An Garda Síochána? Is it to be given additional funding and will additional gardaí be recruited? Will the Garda be given additional resources to hurt the very people we should be helping?

I understand a group of four or six publicans from Monaghan and other parts of the country are in Merrion Square today to protest and take a stand on behalf of publicans. I note Deputy Mattie McGrath said that publicans would also be coming here from Tipperary. Publicans in Kerry are outraged. Late into last night and early this morning I received telephone calls from publicans in Kerry who are dismayed. Publicans in Currans, Cahersiveen and in every area in between are upset that legislators are debating measures to close them down before they are even allowed to reopen. It does not make sense. It is not logical. I thank the Ceann Comhairle for the opportunity to put those comments on the record.

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