Dáil debates

Wednesday, 4 November 2020

Criminal Justice (Enforcement Powers) (Covid-19) Act 2020: Motion

 

7:15 pm

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

In the early stages of the pandemic, we supported emergency measures that we felt were necessary to ensure there was a level of enforcement of the restrictions that were introduced. Despite some commentary from the Minister's party leader, and also from the Taoiseach, that the Opposition has not been supportive on occasions, the support that the Government in this State has got from the Opposition compares favourably with other states in Europe and around the world. There has been widespread support and acceptance that, while none of us want them, restrictions are needed to protect people's health. There is an acceptance of some level of enforcement. However, we need fairness in how the Government approaches these matters.

Time and again we have given the power to Government. On previous occasions we have given the power to the Minister for Health to draft regulations and statutory instruments only for those regulations and statutory instruments to bite him, the Government and us because we do not have sight of the regulations when we pass the primary legislation that gives him the power to do so. We saw that when he tripped himself up over the requirements to take details of what people ate in restaurants and how badly communicated that was.

When the powers were given to him in a recent Bill to introduce fines for people who moved beyond 5 km for non-essential journeys and also for house parties, we again said we could not sign up blind. I asked the Minister to ensure we did not get to hear of these regulations and statutory instruments through the media. I asked that when he is crafting these regulations and before he publishes them on his website and signs off on them he would brief members of the Opposition so that we would get sight of them first. What happened today? An article in The Irish Timesoutlined details of how much these fines will be, what they will relate to, apparently again arising from a leak from Cabinet regarding an incorporeal meeting of Cabinet that was held to discuss the issue. That is why we did not support the legislation at the time. We were again being asked to give powers to the Minister blind to allow him to make the regulations and we would not have any control over them.

We tabled an amendment proposing that those regulations would then come back to the Dáil for approval, and other parties put down similar amendments, all of which were refused. Of course there must be restrictions, enforcement and legislation but the emergency powers are really draconian. The Minister for Health has accepted that. We cannot extend them for seven months. It is too long. We have tabled an amendment for the extension to end until 9 February rather than 9 June 2021. As a result, we would come back next year, hopefully in a better position with the numbers down and with a better plan on how we can deal with, manage and live with Covid and would not be obliged to have this yo-yo approach of being in and out of lockdown and restrictions that we have now. For all those reasons, we have tabled an amendment, which I will support. If the Government does not support it, I will vote against the Government motion.

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