Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank Deputy Howlin for tabling this amendment. I will touch on a few points that have been raised but are obviously relevant to this. It has been suggested that this legislation is anti-publican and anti-rural Ireland. As the Minister who is bringing this forward and as somebody who has worked in a pub for almost a third of her life, most of the time in a rural pub, I can reassure Deputies that this is nothing of the sort. What I believe this does for those publicans whose premises are open at present and who are serving food, for restaurateurs, for clubs, whether GAA clubs that have bars or private clubs, and for the vast majority of people who are adhering to the public health regulations who have done so much to make sure that they are in compliance and are working hard is let them see that for those who are not, who are breaking the rules and breaking the law, there are consequences. It also provides clarity because a number of people have mentioned commentary over the weekend. I fully accept that it has been challenging over recent weeks and months where there have been different regulations and where things have, perhaps, changed more quickly than we would like. It provides greater clarity for members of An Garda Síochána when they enter a premises as to whether somebody is breaking the law. That is what people want. I certainly think that is what the publicans want. This is what this legislation is doing.

I am assured that this legislation is not flawed and that there are not errors in it. This has gone through the capable hands of our drafters, with officials in my Department and with the Attorney General. While we have waived the pre-legislative scrutiny, and I sincerely thank the Deputies for allowing that, we have been careful. The drafters are careful in the language that they have used and everything that is in this Bill is here for a reason.

On Deputy Howlin's amendment where he proposes to delete the clause "whether in relation to a relevant provision or otherwise," first, I would note, and it is something that was said yesterday and repeated today, there is absolutely nothing in this Bill that in any way allows a member of An Garda Síochána to enter a home.

There was reference earlier that the word "otherwise" could refer to anything. It is very clear, as Deputy Martin Kenny outlined, that a relevant premises, as indicated in the legislation, is only in relation to a premises that sells alcohol or has a liquor licence, whether it is a pub, restaurant or club. There is absolutely no provision in the legislation, nor will there be legislation, that will allow a member of An Garda Síochána to enter someone's home. The only way that can happen is with a warrant and that will continue to be the case.

Section 3 in its entirety provides a power of entry for members of An Garda Síochána to a licensed premises or a registered club in order to check for compliance with Covid-19 regulations and to enforce those regulations where enforcement becomes necessary. If someone enters a premises and asks that it become compliant, and it does, little needs to be done after that. Enforcement maybe by way of certain powers already contained in the Health Act or through the new enforcement power which has been allocated in the Bill. Section 3(1)(a) which is the specific section raised by Deputy Howlin provides the power of entry for "the purposes of giving a direction under section 31A(7) of the Act of 1947," to comply with regulations where the member of An Garda Síochána has reasonable cause to believe there is a breach of regulations. It allows them to enter where the "otherwise" part, which Deputy Howlin and others have highlighted, refers to the fact that under section 31A(7), which is the Health Act under the Minister, Deputy Donnelly, a garda can direct a person to comply with any penal regulations. Penal regulations have been introduced that may not be specific to this legislation in relation to the direction a garda will give to either close the premises for the remainder of the day, or for three, seven or 30 days, depending on whether the case goes to the District Court. They have been introduced under emergency health legislation where it is a crime where someone is not in compliance with the penal regulations. Already, under statutory and common law powers of entry, gardaí have an ability to check for compliance with the regulations or penal regulations and issue directions to comply. The Bill establishes a very clear and specific power of entry for the gardaí for these purposes where someone is in breach of a penal provision enacted by the Minister for Health.

It is also important to note in regard to any of the regulations that the penal regulations introduced by the Minister for Health must be laid before the Houses and either House can, by resolution, annul such a resolution within 21 days. There is parliamentary oversight of the regulations and penal provisions of the Minister's provisions.

As currently worded, the power of entry will apply for the purpose of giving a direction to comply with any penal provision under the Health Act regulation in respect of any relevant premises. The section does not allow them to enter any other premises, merely to ensure that if someone is in breach of the penal provision directly related to the specific Health Act, namely, the emergency Act that comes under the Minister for Health, that they will be allowed to do so. They may not enter for some other reason and catch someone out while there.

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