Dáil debates

Wednesday, 4 November 2020

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

 

7:35 pm

Photo of Pa DalyPa Daly (Kerry, Sinn Fein) | Oireachtas source

I was interested to hear the recent remarks by the Chief Medical Officer, Dr. Tony Holohan, on the issue of the imposition of fines for breaking quarantining rules. He spoke about how he would prefer there to be a greater understanding of the requirements and that a well-informed and knowledgeable public is more motivated to buy into such measures. Senior representatives of An Garda Síochána have spoken in similar terms about how achieving that type of buy-in is the preferable goal in this pandemic. An issue we discussed at the Special Committee on Covid-19 Response with witnesses from the Law Society and Dr. David Kenny was that the difference between what is health advice and what is the law has not always been clear.

The Government is running the risk of that type of confusion continuing. In the absence of the pre-legislative scrutiny that generally applies, there has been very little time to discuss all the detailed regulations that have been introduced and all the nuances of the issues. That is not in any way desirable because we want people to be honest with contact tracers and doctors and, if they have symptoms, to declare themselves. Criminalising behaviour which is, of course, unacceptable from a public health perspectives gives rise to the risk, as Dr. Holohan said, of driving people who may need testing underground. This is something that must be avoided, and that objective is the basis of our proposal for a shorter time period for these regulations. Appropriate powers and resources for An Garda Síochána will continue to be important but the public must have confidence that the Government is striking the right balance. These are extraordinary powers for extraordinary times. Without the usual pre-legislative scrutiny, they must be kept under regular review.

While we support the continuation of the measures set out in this legislation, we must provide hope that their end is anticipated. Extending the legislation to next summer sends the wrong message at a time when many people are wilting under the pressure of the regulations. People in their 60s are coming to me saying they cannot go for a walk on Banna Beach. Independent retailers whose businesses have been in their family for years cannot open, despite the lack of evidence that Covid-19 is transmitted in such premises. The people of Valentia Harbour, who are supposed to be putting in any objections they might have to aquaculture licences, cannot travel outside their 5 km zone to view the proposals, which are located in Portmagee and Cahersiveen Garda stations. People's patience is running out and extending the provisions to next summer sends the wrong message. I support the amendment put forward by Deputy Martin Kenny.

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