Dáil debates

Thursday, 3 September 2020

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

 

11:35 am

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

Some of the interpretation of this legislation is very unfair to those who drafted it. I listened to Deputies Michael Collins, Michael Healy-Rae and Mattie McGrath. In my view, this is a framework under which we can start to open pubs and lift some of the restrictions that have been very difficult to manage. Deputy Michael Collins portrayed the legislation as a means to ensure that the pubs remain closed. It is quite the opposite. If we want to see the opening of premises that have been closed we need to see the development of compliance protocols that will be applied by publicans and in other sectors that have difficulty opening.

In an ideal world, these would be developed by voluntary associations like licensed vintners' or sporting organisations, which would set out how they believe they can protect people who come to their events or venues. However, voluntary organisations cannot take the responsibility for society of ensuring their members are compliant. They need to know that at the end of the day there will be powers to enforce these provisions beyond the voluntary agreement of members of associations and the goodwill that is out there. Many publicans want and are willing to bring in provisions that will make their customers safe. Many GAA clubs want to bring in provisions even beyond what happens in the stadium itself, as to how people coming to their events can be safe. We need to recognise that as we move to open more things, each of us who is availing of those opportunities has to be doubly vigilant and careful to honour the protections that are there elsewhere. The purpose of the legislation is to provide a framework within which organisations can develop safe protocols to open the things that remain closed. That is the direction we now need to travel. We need this legislation to be in place so that people who are going to operate in goodwill and take their responsibilities seriously, and who seek to do this in a proper way, are not undermined by those who decide not to take those responsibilities seriously or to be deliberately non-compliant.

It is most unworthy of Deputy Michael Healy-Rae to suggest that providing the Garda with more resources is to hurt people. That is not a fair interpretation of the way in which the Garda has used the powers that have been given to it by this House. The Garda is to be commended for the proportionate way it has used powers that have been given to it. There is no sense that the Garda is coming in with heavy-handed approaches to take enforcement measures without giving people fair warning or the opportunity to mend their ways. The Garda has been exemplary in the use of these powers but it does need them at the end of the day. With the best will in the world there will be people who are unwilling to be compliant or to take good advice that is afforded to them.

Of course the cry is that this is rushed. We are in the midst of a pandemic and we are trying to manage a virus without knowing its full implications. We have to move swiftly to put in place protections but these are temporary protections, not measures to take unwarranted enforcement action against people. These are to be a long stop to ensure we can move together as a community to address this, confident in the knowledge that people who thumb their nose at society's expectations will be brought to book eventually. That is the context in which we should view these measures.

The Minister is to be commended for bringing this Bill forward quickly and allowing us the opportunity to debate it here. We should of course review the operation of the provisions. This is not set for all time. If we find in the course of operation that we need to modify some of these elements, by all means we should do so. One of the features of this particular Dáil is that we are dealing swiftly with enormous issues of huge import. We have been able as a Dáil to change our mind and see things in a fresh view. I am looking forward to the new roadmap for the next phase of managing to live with the coronavirus. That is really important. This legislation is an important part of the development of that roadmap.

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