Dáil debates

Friday, 23 October 2020

Health (Amendment) Bill 2020: Second Stage

 

11:25 am

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

I am pleased to speak in support of my colleague, the Minister for Health, on this important legislation. He has outlined the detail of the legislation and the intention of the Bill, which is the intention of all of us here, that is, to reduce the spread of the virus. Covid-19 remains a real threat to all of us and, in particular, to our most vulnerable citizens. This is a critical time for our country and we have a responsibility to comply with the public health guidelines and regulations for the good of everybody.

While the vast majority of people continue to comply with the restrictions, it is clear that too many people are acting in a manner which enables the transmission of the virus and therefore additional measures are needed. We hope the fixed-charge system being proposed will help to change behaviour. It is important to note, however, that the Government's objective here is not to catch people out or to try to punish people who are adhering to guidelines, or even those who make mistakes, because we all make mistakes; the objective is to prevent the kind of behaviour that endangers others.

We do not want to see a large number of fines issued for non-compliance. Even with these new enforcement powers, An Garda Síochána will continue with the policing policy that has earned the support of the vast majority of the public during the pandemic. Deputy Cullinane said that these fines will be the first instance. They will not be. I reassure Deputy Kelly that the Garda will continue to use the "four Es": first and foremost the Garda will engage with people, they will educate people as to what the guidelines are on what they are trying to do, they will encourage people to comply where they are not in compliance and it is only as a final resort that they will enforce.

People who are in breach of the regulations will always be given the opportunity by gardaí to come into compliance before any further action is taken. I reassure Deputies that this will continue. I also reassure them that the legislation is not being introduced without consultation with the Garda Commissioner. We engaged with him to understand the concerns and needs of the Garda. The penalties applying to some of the current health regulations remain a potential fine of up to €2,500 and-or six months in prison. It is not new to have a penal provision or custodial sentences. What we are trying to do is reduce them and bring them more in line with the potential breaches. The new system of fixed-penalty notices will allow for a more proportionate system of fines.

The legislation before the House will also make it an offence to organise an event in a private home such as a house party that is in breach of the public health regulations. However, as we outlined, An Garda Síochána will not be given any additional powers of entry into a private dwelling. It will be presumed that the occupier of the home in which the event is taking place is the organiser, unless it is proven otherwise. An Garda Síochána will also have additional powers to give direction on events in private homes. These are, first, the power to direct someone intending to enter a dwelling for the purpose of attending an event organised in contravention of the public health regulations, or someone who is about to enter a dwelling for that purpose or who is attempting to enter a dwelling for that purpose. They will be asked to leave the vicinity in a peaceable and orderly manner. Where a member of An Garda Síochána suspects that an event in breach of the public health regulations is taking place in a private dwelling, he or she may direct the occupier to require and cause all those attending the event to leave the home or venue, unless they are resident in the home. For the purposes of issuing such a direction, a member of An Garda Síochána may attend at the main entrance to the home and require the occupier to provide their name. A person who fails to comply with a direction of a member of An Garda Síochána commits an offence and is liable on summary conviction to a fine not exceeding €1,000 or to imprisonment for a term not exceeding one month, or both. The person may appeal against the conviction or sentence to the Circuit Court.

I will outline some other operations the Garda is undertaking. As Deputies will be aware, Operation Fanacht is focused on supporting public compliance with the public health measures. The Garda Commissioner has announced that there will continue to be high-visibility patrolling by Garda members across the country. Again, the focus here is not to try to catch people out to penalise them; rather it is to encourage people to adhere to the public health measures. The Garda will continue to conduct checkpoints on main routes. In recent weeks, that has involved 132 large-scale checkpoints a day on main arterial routes around the country, in addition to thousands of mobile checkpoints a week on secondary routes in towns and villages. There will continue to be high visibility. I understand the frustration caused to people caught at the checkpoints who are trying to get to work, school or to attend an appointment. I plead with those who do not need to be on the roads to stay at home. Yesterday, on my way to the Dáil I saw there was as much traffic on the road as any other day. That should not be the case. I urge those who should not be on the roads to please stay at home and to continue to work at home.

As has been done since the start of the pandemic, gardaí will continue to engage with the most vulnerable in society to provide them with the necessary supports. While the vast majority of gardaí will be focused on engaging with the public, national units in areas such as crime detection, armed support, national security and organised crime, as well as divisional drug units, will continue to prevent and detect crime. In particular, the Garda National Protective Services Bureau and the divisional protective service units will continue to support victims of domestic abuse under Operation Faoiseamh. We were asked earlier this year to stay at home. For many of us, home is our safe place and where we can be kept safe. However, for others it is not a safe place and, unfortunately, domestic violence has increased during the pandemic. Introduced at the start of the pandemic, Operation Faoiseamh has seen an enhanced level of support, protection and, I hope, reassurance to victims of domestic abuse. Thousands of contacts have been made with victims of domestic abuse, as well as arrests and more than 100 prosecutions have commenced. Yesterday, for the first time ever, a barring order was granted, essentially over video link, by Ennis District Court. This is a new and very welcome development following the amendments to legislation over the summer. I want victims of domestic and sexual abuse to know that An Garda Síochána, the Courts Service and other services, including the vital services and supports provided by the community and voluntary sector, are still here for them. Perpetrators should also note that there will be no let up in our efforts to tackle domestic and sexual violence.

There will be a release of personnel to front-line policing, including 125 attested Garda trainees currently undertaking phase one training in the Garda College, 75 Garda trainees not attested, undertaking phase one training, and 60 gardaí working as tutors or instructors in the Garda College, out of a cohort of 80 gardaí. This is in addition to the 45 gardaí who temporarily transferred from the Garda College to the front line at the start of the pandemic and who have remained on front-line duty. The deployments will take effect from 2 November 2020. In addition, across the organisation, gardaí in administrative roles will, where possible, be redeployed to operational duties. The 12-hour contingency roster will also be extended until 31 March 2021.

These are just some of the initiatives that have been undertaken and are being supported by An Garda Síochána. I know that these are strange and difficult times and I reassure Deputies that the Garda will always continue to support people, work with them and engage, educate and encourage. It is only as a last resort that they will enforce.

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