Patrick Costello (Dublin South Central, Green Party) | Oireachtas source

I wish to consider three different groups of constituents who have contacted me and on whom this legislation touches. The first is comprised of people have seen licensed premises operate with a callous disregard for laws and for health and safety. They are contacting me because of the public health danger that such behaviour brings, particularly at times of greater restriction. These are people who are concerned about their own health and that of their community and who might be concerned about going into another lockdown, as turned out to be the case, because the virus was not held in check. When they see people gathering in pubs and smoking in contravention of the rules, they get annoyed and angry. They want the Garda to be able to do something. If this legislation enables the Garda to act on that and support the protection of public health that people want, then this is positive.

I also have been contacted by publicans and restaurant owners who went to great efforts to fit out their premises to meet public health standards, who put in outdoor seating, provided PPE to staff, reduced the number of tables and the number of covers they served and therefore the amount of money they can take in through the door, while facing the same costs. They did this so that they could run their business responsibly during the public health emergency. When they see a pub or licensed premises down the road which is not doing that but is carrying on in flagrant disregard, it gets to them for several reasons. If a law is not enforced, that reduces the respect for others. Owners of licensed premises ask why they should put money, time and effort into protecting health if others do not. Legislation like this allows them to do what they need to do protect public health in the confidence that they will not be undercut by unfair competition based on someone down the road ignoring the rules. Then there are the people who work in these premises and who want to be able to go to work in safety. They want to work in a place where its operators have put in the time to consider public health and put in the measures that are necessary to keep customers and staff safe. If we adhere to the public health guidelines and the measures required, we can keep staff safe and ensure that there are jobs. If we do not do that and if we allow a free-for-all by not giving the Garda the power of enforcement needed, then we are not protecting the position of those staff or their health and safety in order that they can come to work with some confidence. I note the Garda has been obliged to use such powers very infrequently but where it has done so, it has been with great calm.

If we can address the needs of those three separate groups, we will be doing well with this legislation and this motion.

The Garda has played a very important part in how we have managed the pandemic, from the very beginning through to now and the restrictions that currently apply. Unfortunately, gardái have often come in for very serious abuse. There has been an increase in the number of people concerned about the restrictions and some of the stuff that is happening around us. They are scared, as many of us are, and they are being exploited and taken advantage of by elements who want to push a far-right ideology and use the pandemic to undermine the State. I am not saying that everybody who has concerns about the restrictions, the lockdown or the pandemic is coming from that place. However, as Commissioner Harris noted, there certainly are some people coming from that place and exploiting people's concerns. We must acknowledge the work the Garda has done, including in implementing a graduated response which fits very well with the provisions we are discussing. I echo Deputy Howlin's comment that these powers should only be on the Statute Book for as long as they are necessary. As he acknowledged, the unfortunate thing is that they are still necessary at this time.

For all the reasons I have outlined, I commend the motion to the House.

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