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

There are a number of points on which we can all agree. We can all agree we want to bring the virus under control, reduce the spread of Covid-19 and do so by working together. I do not just mean all of us in the House but each and every one of us in the country. I also think we can agree, particularly as we are now at level 5 and infections are increasing at the rate they are, that we cannot do whatever we want to do, visit whomever we want to visit, drive wherever we want to go and carry on as normal because if we did, we would not be able to bring this pandemic under control. We would all agree with this.

At every stage of this process, when the Government has put in place regulations and measures, we have always tried to work and engage with people. We will all agree, because almost everybody who has spoken so far has said so, that the vast majority of people have complied. They are trying. We all make mistakes and nobody is perfect. People might have breached the regulations without meaning to or without realising it, but we are all trying. We can all agree the legislation will not actually apply to the vast majority of people.

Earlier this year, I brought forward legislation specifically relating to pubs, restaurants and premises selling alcohol because it was apparent to the vast majority of premises that were compliant that there were no penalties for those that were not compliant. Members of the House supported me, perhaps because the publicans supported the legislation. What happened very quickly afterwards was that the number of repeat offenders dropped and offending then disappeared. What we are trying to do here is very similar. The regulations will not apply to those who are adhering to the guidelines but there needs to be a very clear example for those who are adhering that there is a difference between them and those who are continuously and repeatedly breaking guidelines and putting the health of others at risk.

Deputies are asking to what this will be applied. The legislation is to bring the penalties in line with the breaches. At present, we believe the penalties are too severe because penalties are applied whether it is 5 km visit or gatherings. These have all been in place from the very beginning but because we are working from legislation based in the 1960s, the penalties are up to €2,500 or six months in prison. I do not think these are fair, and nor do other Ministers and most Deputies. This is why we have set a limit of €500.

Deputies cited the Garda Commissioner. They could also cite the Commissioner's statement that with regard to house gatherings, the Bill is good. We have not brought about this particular measure because we want to or because we are trying to be mean or stop people's fun. Far from it. There will not be gardaí going around looking in people's windows. What we are doing is responding to the fact that the Garda and the Chief Medical Officer have said the concern at present is very much connected to large gatherings in homes. We are trying to respond to this. Those who are not breaching guidelines will not come into contact with the Garda or the legislation but we need to send a message to those who are, particularly at this time and given that we are trying to bring this pandemic under control, that it is simply not acceptable.

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