Dáil debates

Wednesday, 9 September 2020

Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 4) Regulations 2020: Motion [Private Members]

 

3:20 pm

Photo of Pa DalyPa Daly (Kerry, Sinn Fein) | Oireachtas source

I had two meetings today. One was with vintners who had come up from Kerry, old friends from Tralee, such as Pat Creagh, whose pub has been closed for the last six months and Aidan O'Connor from the Greyhound Bar, as well as some new friends from Killarney, who had been there earlier. The other meeting I had was in the Special Committee on the Covid-19 Response. Speaking with vintners and the head of the Vintners Federation of Ireland in recent weeks, they accepted that there was a need for some regulation of their industry, on the basis that there was going to be a sunset clause and, when new regulations were brought in, that they would be allowed to open some time this month. Now, they have a date. They are not completely happy but they are satisfied that they will be able to reopen.

The regulations have been contradictory for months, and not only concerning pubs. I can go to an under-12s game, where there can be 50 people, but no spectators will be allowed at the Kerry county championship game this weekend between St. Brendan's and East Kerry. There have been plenty of contradictions, therefore. Pre-legislative scrutiny was waived when the regulations were brought in and regulations and legislation have been introduced at short notice. The Government has been flying kites regarding whether the Garda will be entering people's homes for communion parties, for example.

In future, as was said by Dr. David Kenny in the Special Committee on Covid-19 Response today, we should have a chance to analyse these regulations. It might be possible to use the New Zealand model to scrutinise proposed regulations. Regulations are disallowed in New Zealand and cease to have effect unless positively affirmed within ten sitting days. Some people clearly had not read the legislation and regulations which went through last week and still believed we were voting on legislation which would allow members of the Garda to enter homes. That was not the case.

This motion could lead to no regulations at all. I cannot agree with that, but the regulations to date, according to Dr. Kenny's submission, have created confusion among "members of the public; erode[d] public trust in communication about the law; and [have been] an abuse of State power, implying a legal threat that does not exist". That type of regulation cannot continue to exist.

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