Dáil debates

Wednesday, 4 November 2020

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

 

8:15 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent) | Oireachtas source

I thank the Minister for being here and for her approach in all of this. I will start on a positive note because I certainly do not agree with what she said. She has, however, taken the matter seriously and she has been in the Chamber on every occasion. It is important to acknowledge that. She has also given us a written speech on each occasion and I thank her for that.

I will not support the motion. I see absolutely no reason for it. I am worried by some comments. When the Acting Chairman, Deputy Durkan, was not in the Chair and making his contribution, I did not agree with his comments. There is a blame game going on The Minister gave a speech of a few pages. It is extraordinary that the Policing Authority was not been mentioned once, nor was there any reference to a written comment from the Garda Commissioner. Although he has been dragged into this to say that he agrees with these measures, I have seen no reference to a press release where he does. This takes me by surprise because I have read all of the Policing Authority reports, which have consistently said that additional powers are not necessary. It appears that An Garda Síochána has said the exact same thing.

The only public comment I heard the Commissioner make was that he was a good public servant and would do as he was told, which is not a resounding endorsement of the measures the Government was bringing in.

The first sunset clause was inserted as a result of a debate in this Chamber, because we were extremely concerned. We also wanted a full debate on it and we are getting some measure of a debate now. This is an extraordinary extension of draconian powers. I am on record as saying that from the beginning but I acted against my conscience at the time because the virus was such a threat. I knew they were draconian powers but I gave them careful consideration and went along with them on the basis that there would be full and frank disclosures in the seat of democracy. That has not happened and blame is now going around.

When Covid struck Ireland, we were all in receipt of a letter from one of the unions informing us about the vulnerable state of the health system, to put it mildly, and the primary care system. Covid came on top of that and decisions were made to make the public health system ready for the virus. It was not fit as a public health system. Without doubt, we ignored the vulnerable sections of our society, including direct provision, meat factories and nursing homes. From an early stage, I was extremely concerned about nursing homes but there was a consensus mentality among the vast majority of people, and among the media as well, that we were to don the green jersey, or the wine-coloured jersey in Galway, and say everything was okay when we were worried that vulnerable groups were not being protected. Then we told the over-65s to stay at home and cocoon and so on.

Now a blaming exercise is going on but the Policing Authority has complimented the vast majority of the public in seven of its reports. Nothing could have happened without their compliance. The Government is now extending draconian legislation with no basis and is using words such as "proportionate", "necessary" and "limited", which is turning language on its head because the Garda has not used these powers since the Government brought them in. It has placed the Garda in an impossible position with its regulation of meals. Gardaí are being spared at the moment because the pubs are closed but can the Minister imagine putting them in the position of going in to a pub to see whether a substantial meal was being served? Daft decisions were made such as keeping wet pubs closed while opening others and sending in An Garda Síochána to check if they were serving substantial meals. All of this was nuts.

This legislation also goes against all the research showing that we bring people on board through education and showing leadership. No leadership was shown by our leaders in Clifden during "golfgate". No leadership was shown by many others in other situations and instead we turn on people on the ground and bring in draconian legislation. This is no way to proceed with a public health campaign. First, we need honesty. Second, we need maximum information. Third, we need leadership and not of the type we got during "golfgate" in Clifden, with apologies being drawn out of people.

The Government has to stop the nonsense about wet and dry pubs. It has to stop turning language on its head. This legislation has the most serious implications for our democracy and the Government is extending it to next June based on absolutely nothing, which beggars belief. I would have thought, at the very least, that we would get a written report from the Commissioner on the necessity for these powers and the long extension, or a report from the Policing Authority outlining its views on it. I will finish in a moment because I always give out about people going over time. The Policing Authority has repeatedly asked the Garda for a complete breakdown of its existing powers in order that it can analyse them and decide if they are being used appropriately, effectively and proportionately.

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