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

To clarify, if we take the two lines separately - I think the Deputy accepts that the first line needs to be included - the purpose of giving a direction under section 31A(7) of the 1947 Act relates only to penal provisions. Under the overall Act, measures have been brought in that are law but are not penal provisions. Section 31A(7) is specific to penal provisions. In the second piece, the penal provisions related to the legislation before us provide for the Garda to be able to enforce either the closure for up to a day, three days, seven days or 30 days, or other penal provisions related to health. If gardaí see that a person on a licensed premises is breaking the law or a penal provision that has been included as part of the regulations, where it is in contravention of public health guidelines or where there is a risk to somebody's health, under various statutory and common law powers they already have an ability to enter that premises. The Bill will just make that very clear. The first subsection, which involves section 31A(7) of the Act, refers to all the penal provisions relating to premises where alcohol is sold. It is not just those provisions that are prescribed specifically for the enforcement of this legislation but also where other penal provisions are breached. The Bill will tie in the two aspects but it is very specific. Section 31A(7) relates only to penal provisions and that is what is intended by the inclusion of the line.

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