Alan Kelly (Tipperary, Labour) | Oireachtas source

I agree with the comments of the previous speaker. We need an access point. There are many queries. I cannot answer some of them, because I do not know. I think we are all in that situation. There is confusion and so many provisos. It would be good, therefore, to have an access point or a telephone line through which we could get clarity. The Minister must also ensure the regulations are brought in fairly. I refer to large multiple stores being open and taking food out of the mouths of small shop operators who must close. That is unacceptable, and I ask that something be done.

This resolution amends the Health Act 1947, and public representatives are now familiar with these regulations, although they change frequently. They deal with a range of issues. Government announcements have been purely advisory and have not been made the subject of regulation. What restrictions have been spelled out in regulations but without powers of enforcement or penalties if they are breached? What restrictions are classed as penal and may be prosecuted?

Since the start of the pandemic, and the official responses to it, there has been a gap between public health restrictions and what has been set out in legally-binding regulations. I will give some examples. The first lockdown was announced and put in place several days before any regulations were made. There have never been any regulations relating to social distancing in public. There was no legislative basis to the green list for travel and the law has never required inbound travellers to isolate or restrict their movements, regardless of their country of origin. These are all issues and anomalies that people point out.

This situation has placed An Garda Síochána in an invidious, if not impossible, position. An Garda Síochána is a law enforcement body, not a public health advisory agency. It has no business enforcing rules not grounded in law. When the public complains about breaches of the rules and ask where are the guards and why are the rules not being enforced, the answer is that the rules in question were never put into regulations.

I will stop, because there is no point in my speaking if the Minister is not going to listen. He spent the past 30 seconds talking to another Deputy who approached his seat. Will I repeat what I was saying for the Minister?

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