Dáil debates

Thursday, 3 September 2020

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

 

12:15 pm

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

To give context to this debate, I met a number of publicans in Limerick city a short time ago and their main request is that they be allowed to reopen. I must be looking at different legislation from what many other speakers are seeing. When I read section 3, I see that it makes specific reference, in subsection (1)(a), to members of the Garda entering a premises for "the purposes of giving a direction". My understanding of this provision is that gardaí will give a warning to a publican who is in breach of the regulations and request that he or she take action to comply. If that is what is needed to give certainty around being able to reopen the pubs, I am satisfied with it. One might question the allocation of extra Garda powers but they are being introduced in the context of allowing the pubs to reopen, which will be done in conjunction with the proposed roadmap. That roadmap is due to be published on 13 September and I ask the Minister to ensure it is brought forward as quickly as possible, following engagement with publicans. Many of the pubs in this country are family businesses which were handed down through generations. Many others were set up by young entrepreneurs, male and female. Those businesses are their life's work and they are genuinely and absolutely petrified that they will not be able to reopen them. I support anything that assists in allowing pubs to reopen in a safe manner and I believe this legislation will do that.

Another issue publicans raised with me is that if they are required to comply with these regulations, supports must be put in place to help them to do so. I welcome the increase in the restart grant but it may not be sufficient. Most of these premises have been closed for months. Another issue of concern to publicans is the costs they have incurred while their businesses were closed. Access to the Microfinance Ireland fund has been reopened, which is welcome, but there is a question as to whether the loans it provides will fit the particular requirements of publicans. Pub owners also have serious concerns about their ability to get insurance. There are concerns too about the ongoing uncertainty as to their future. There is a contradiction at the moment that is hard to justify whereby pubs which can serve food are able to reopen but wet pubs cannot, even though many of them, across the length and breadth of Ireland, would probably meet social distancing requirements on any week night in the normal course of events.

Several colleagues whom I respect on a personal level, including Deputies Danny Healy-Rae, Michael Healy-Rae, Michael Collins and others, have described the provisions in this Bill as draconian. In fact, they are measures to enable pubs to reopen. I want to be able to go back to publicans in Limerick city, County Limerick and north Tipperary and say to them that we are providing a roadmap that will enable their businesses to reopen. The main focus in this legislation is not about the Garda shutting pubs overnight. There will be a teething period as the provisions are implemented and it is hugely important that these new powers are exercised from the outset in a way that allows pubs to adapt. Gardaí are empowered under the legislation to work with publicans to ensure they are compliant. In many cases, publicans may not be fully aware initially that they are not in compliance with the regulations. There needs to be education around that whole area.

Above everything else, it is vitally important that publicans are given an opportunity, pretty quickly, to reopen. I see this legislation as a means to ensure that can happen. Legislation nearly always includes some draconian measures. The key elements of this Bill for me are the initial measures and the warning aspect. I want to see the roadmap for the reopening of pubs published quickly and I would like to see publicans being able to reopen very shortly. That is hugely important, both economically for publicans themselves and socially for the many people who are not able to get out at night and for whom the pub was the social outlet where they met their friends. That aspect of the issue is being missed. Reopening pubs would provide a huge benefit to communities in terms of dealing with the mental health issues some people are facing. We are talking about people's ability to get out and about and meet and converse with others. The pub is an environment that allows that to take place.

Finally, I reiterate that we must look again at the support measures being provided to publicans. In many cases, their premises have been shut for the bones of six months and they want to get back up and running. As I said, there must be supports available in the form of grants. Another speaker made reference to the moratorium on loan repayments ending this month. We need to look at that again and consider other measures for providing inexpensive loans to publicans. We must ensure they can qualify for insurance. I support this legislation, which includes a sunset clause. Some speakers have talked about it as if it is a long-term measure. In fact, it covers a nine-week period to enable us to put supports in place to ensure publicans can reopen their premises. They are entitled to be given the opportunity to reopen and this measure, among others, will assist them in that.

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