Dáil debates

Wednesday, 9 September 2020

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

 

3:30 pm

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats) | Oireachtas source

While I agree with some of the sentiments raised by the members of the Rural Independent Group, I would like to know why they did not raise this as a general motion. This motion will not solve the problem they seek to address. They are trying to alter measures that are based on a statutory instrument, not on last week’s Bill.

The regulations they are seeking to overturn are not connected with last week's legislation which they have referenced. That Bill still has not been passed into law and is only due before the Seanad tomorrow. The regulation that is the subject of this debate was issued by the Minister under the powers he was given by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, which was passed unanimously by the Dáil in the aftermath of the general election.

It is important to note that all the other previous regulations relating to Covid-19, with the exception of face masks, have now expired. SI 326 is now the only one with any kind of binding rules on gatherings, events and assemblies. Striking down this regulation would only create further uncertainty and legal ambiguity. I do not believe this is what the majority of pub owners want.

The measures on keeping records are a result of a statutory instrument. Unfortunately, statutory instruments are never debated in the Dáil. It is an area where Ministers have considerable privilege without sufficient oversight. There is a need for more transparency in the introduction of regulations. Indeed, the Minister imposed the regulation without proper engagement with the industry, which generated unnecessary confusion and resentment.

The Government's regulation is an administrative burden on small business. The Minister, along with the Taoiseach and Tánaiste, said this is a simple matter of keeping receipts. However, there is good reason that publicans and others believe this is not true. The regulations require publicans to record the meal ordered "by each member of a party of persons". Many publicans believe that keeping a receipt is not enough and that they have to be able to say which person in a party ordered which meal. If that is not the case, why does the regulation say otherwise? Perhaps this confusion could have been avoided if hospitality representative groups or Fáilte Ireland had been consulted before the Minister signed the regulations into law.

One aspect of the motion I welcome is the reference to the rural hospitality sector, which has been hit extremely hard by the pandemic. Pubs, hotels and restaurants are major employers in rural Ireland. In many of the towns and villages across west Cork, these are the largest providers of jobs. The closure of just one of these businesses has a massive knock-on effect on towns, villages, and rural areas. While hotels and restaurants have had to operate at reduced capacity during the summer, pubs that do not have the capacity to offer food have had to remain closed since March. This has not only massively impacted the owners but also the hundreds of people who work in these businesses. People who have worked in this sector all their lives have had to be laid off. The workforce in this sector predominantly comprises young people and women who have been disproportionately affected by Covid-19. Every closure has a knock-on effect and that needs to be considered. We need to do what we can to keep these businesses open, retain the jobs they provide and the communities they help create.

The pandemic unemployment payment is a crucial support but provides insufficient income over the long term. It does not even cover the overhead costs of a closed business. Public health has to be a priority but there is scope within that approach to allow all pubs to reopen once they can comply to guidelines. This will have a disproportionately positive impact on rural areas.

The urban sociologist, Ray Oldenburg, in his book, The Great Good Place, describes how people in a healthy society need a balance of three different spaces, namely, home life, workplace and inclusively sociable places.

This final category, or third space, is essential to community and public life. In Ireland, the great good place has been the local pub. It is often one of the few places in rural areas where people get to meet their neighbours, share stories and also look after each other.

My own local, Minihan’s, like so many rural pubs, is that space where people get to meet after a hard day at work and where people will be missed and checked up on. It is one of the remaining social spaces in a rural area. The Boston Bar run by my former colleague on Cork County Council, Danny Collins, the brother of Deputy Michael Collins, is another example. Many of its customers have told me that it is an important social outlet for some patrons and that Danny and others look after them and their welfare. Sometimes, pubs are a lot more than a business.

The importance of these pubs, and many more across west Cork and beyond, cannot be overemphasised. As post offices, banks and more and more local shops close, the remaining local pubs play an incredibly significant social and economic role.

For years now, rural licences have been bought up in order to open more venues in urban areas. Now there is a new focus from others on a weakened pub trade. A consultant for a convenience store chain proclaimed that the rural pub was dead and described it as "a doomed trade". This insensitive and inaccurate statement represents an attempt to have licences bought up for use by commercial chains and shops. This transfers the regulation and social aspect of consuming alcohol in a pub to a model based on drinking at home, without any form of modulation. Cheap alcohol is recognised as a cause of irresponsible drinking, binge drinking, drinking alone and, unfortunately, domestic violence and abuse.

It is important to note that the vast majority of local pubs operate responsibly and help to regulate consumption in their premises. It is worrying that there is a commercial sector that is to trying take advantage of the situation to buy up rural licences and promote worrying trends in our already complicated relationship with alcohol.

On "Prime Time" recently, geriatrician Professor Rónán Collins outlined the need for a pragmatic approach to living with Covid-19. That is the sentiment we all need to aspire to. Covid-19 will be a reality of life for some time to come. Therefore, we need to learn how to live with it. There is a balance to be struck between public health and a functioning society and economy. Can we use this discussion to review our approach to pubs, the hospitality industry and the cultural and recreational sector?

The Government needs to hit the reset button with NPHET. We need a new suite of clear, evidence-based guidelines to ensure we can live safely with Covid-19 and be able to go for a pint.

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