Dáil debates

Wednesday, 4 November 2020

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

 

8:25 pm

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

I thank all Deputies for their contributions. I will touch on a number of the points that have been raised. I cannot accept the proposed amendment and will outline why. Some Deputies have referred to this issue. As much as I would like to say that we will be in a different place in three months and will not need this legislation, if we are all honest with ourselves, that is not where we are going to be. We are doing this in the interest of not having to come back here every few months and have the same debate when nothing has materially changed. We have to give people certainty. As we have heard clearly, the amendment to Part 3 of the Health Act 1947, which was passed last week, extended those particular regulations to 9 June. The Government's medium-term strategy, which is a six to nine-month strategy, was launched in September of this year and that will potentially go to June as well. In August and September of this year, the first plan was coming to an end while we were working on the next one and different rules and regulations were introduced at different times, which caused some confusion. With these measures, we are trying to make sure people are very clear that all the regulations and guidelines and everything we are planning come in line with each other and that there is a finish point. Those points come together on the same date, which is 9 June. That is why we have set this timeline but also because, as much as we would like the situation to have improved so drastically that we would not need these regulations in three months, I am not sure that will be the case.

Deputy Connolly mentioned the blame game and bringing people on board with us. This is not a blame game in any way, shape or form. When this legislation was first introduced, it had the support of the vast majority of publicans, if not all, and the reason for that is the vast majority of publicans have been compliant. They are doing their best and I fully agree with Deputy Howlin that they deserve more than just our praise and thanks. They deserve our support and I hope the support we have provided to them so far has been of some help. They want and need to be able to open and do their work safely. What they do not want, when the regulations at level 5 or otherwise are in place, is to see some premises not adhering to the guidelines, putting people at risk and essentially making everybody else look bad. These regulations have been brought in to ensure that those who do not follow the guidelines will be brought into compliance. I think it is working and that, based on the very low numbers, even the idea that this regulation is in place has brought some people on board.

Deputy Howlin asked if I could give a commitment that this regulation will not continue or that it will be removed from the Statute Book once it is not needed. That will absolutely happen. I would love to say that will be the case when the deadline approaches next June, and I hope it is, but I cannot give that commitment. However, it will certainly not be reimposed once it is no longer needed. This will also be brought to the House again and there will be an opportunity for people to debate this legislation and whether it is necessary to extend it again. I am very happy to give updates if Deputies so wish, whether in the Joint Committee on Justice or otherwise. It was suggested that I might withhold information or not attend a committee. I am always very happy to attend a committee if I am asked, particularly to give updates on progress, enforcement, compliance or any of the regulations with which the Garda is involved.

A few people mentioned travel and the Garda checks. A clear and lengthy list of exemptions was published of when people can travel outside their 5 km, particularly for care needs. Gardaí have been very understanding and are willing to listen to people. One of my family members had to travel outside the 5 km yesterday for an operation. She did not have a form from the doctor or the hospital but the gardaí listened and understood and allowed her to go about her business. Gardaí have been very understanding in that regard. Granted, schools were closed back in March and April and a number of industries are now open that were not at the time, but driving around then was like driving on Christmas Day. There were no cars on the road. This week and even last week when the schools were closed, it feels as if we are pre-Covid levels with the number of cars on our roads, despite people being asked to work from home and not to go outside the 5 km unless it is absolutely necessary. There are still too many people on our roads and out and about. The Garda is not there to stop people who need to get to work from getting there on time but it is important to point out that there are still far too many people on our roads who do not need to be out and about and who can work from home.

Deputy Ward suggested that Sinn Féin has not been given any access to NPHET or health advice, which is simply not true. I again refer to the fact that as the Government was trying to decide whether to move to level 5, Sinn Féin's leader left a briefing with the CMO, top health officials, the Minister for Health and the Taoiseach after 30 minutes and then complained that there was no access to information. I completely refute that assertion. It is absolutely not the case.

Regarding the Commissioner, I would not, nor have I ever put words into his mouth or made any comments relating to the Commissioner without knowing whether or not they were his thoughts. In a letter to my Secretary General two days ago, he gave a clear commitment that he supported this legislation and its continuation. I would not ever put words into his mouth or say that he supported something when he did not.

This is not legislation that any of us wants to have here. Everybody has made that comment. It has been brought in for a specific reason, for the minority of people who are not compliant and are putting others at risk. What we have seen even in the short time since it has been introduced is that it has brought more people into compliance. I was speaking with the gardaí before this legislation was introduced and there was a higher number of repeat offenders who were continuing to break the rules, to open when they should not, or to go outside the regulations. However, once this legislation was introduced, the number of repeat offenders immediately reduced. That is not to say that everybody has been perfect but the fact that there is knowledge and understanding that there can be repercussions has made a difference. The vast majority of people are trying; the figures this week show that.

The numbers are moving in the right direction. We hope that they will continue to, and if they can, the most positive thing that can happen is that we move away from level 5, reopen our society, start to re-engage and can do so safely. We need to make sure that we continue to have the guidance, rules and regulations in place because unfortunately, as I have said, I do not think this will disappear in the next few months. We will have to live with this and work together to try to get through it. I know people will do that.

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