Dáil debates

Thursday, 3 September 2020

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

 

11:35 am

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats) | Oireachtas source

I agree with some of the points made in regard to the priority being given to this legislation and what that says about the priority for a sector that is closed and in respect of which damage has already been done. I made that point on Second Stage. The public messaging has changed from legislators appealing to people's best nature to a more punitive approach. That needs to be reflected on because it can be counterproductive and, I think, will be.

On Second Stage I also highlighted that I believe this is a very flawed process. The merit of this legislation is that if it permits pubs to open and provides the means to deal with people who are not adhering to public health guidelines it allows those who will and are adhering to public health guidelines to open and do business. However, there is no certainty in terms of a date on when it is proposed to permit pubs to reopen. The Social Democrats supported Second Stage of this legislation despite misgivings about the process and the lack of a regulatory impact assessment. We will be supporting this amendment. We need to consider what will happen if this matter ends up in the courts. If that happens, the judge adjudicating on it will have to consider the definition and how this particular aspect compares to the definition. The conflict that has been highlighted by Deputy Howlin will be the net point. This matter could be resolved by the Government accepting this amendment. If the amendment is not accepted, the Minister will have to offer a coherent reason for that decision. As I said, if it ends up in the courts the legislation may be deemed to be flawed and, as pointed out, that will copperfasten the deficiency in the process.

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