Barry Ward (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire ar ais arís go dtí an Teach. This is important legislation. The Minister has outlined the basis on which she has brought it before the House. In the first instance, as was raised on the Order of Business, several Senators are concerned that the legislation is being taken through all Stages in one day. I think the Minister will acknowledge that so doing is not desirable, but in the case of this legislation, it is necessary.The Minister remarked on how section 17 contains a sunset clause that will bring the legislation back before us to possibly conclude it in less than two months, on 9 November. This is an important provision. It goes back to what the Minister said about there being both important powers but also safeguards in the legislation to protect the people who might be the subject of the legislation but also empowering these Houses to reconsider what is proposed when the time comes.

From my perspective, the most important aspect of this legislation is that it represents a stepping stone to a possible reopening of pubs. Some Senators have expressed reservations and dismay about the fact that pubs have not been able to open. I agree with that. We can all say that it is a bad thing for the country generally that people are not able to socialise or meet in the way in which they could in the past. However, we also recognise why it is the case. I say that as someone who has family members who are publicans in a rural area. I very much understand the plight of, in particular, areas with low populations where the pub was the centre of activity and of opportunity for people to come together, meet and socialise. There is definitely a gap for those rural communities. This legislation represents a potential stepping stone to returning to some normality in that regard. If only for that reason, it is very welcome.

The Minister has noted that the legislation contains important powers which she described as necessary and proportionate. That is exactly what they are. I do not purport to be an expert on licensing law but I am aware of some of the provisions involved. The Bill introduces important new powers for gardaí to step in where they can see that breaches have occurred. I welcome particularly the Minister's statement to the effect that there is a necessity to afford an opportunity to every person to comply with the law in the first instance before there would be any prosecution. That is a very important message.

I watched the debate in the Dáil and was most disappointed by the manufactured hysteria generated by some Deputies, one of whom described the legislation as draconian. I do not think that is a fair or accurate description of the powers provided in the Bill. Those powers will allow gardaí to go into licensed premises which are subject to very particular conditions to ascertain whether the licensed premises are following the rules that have been set down. They are not insignificant rules, they are rules that are there for very good reasons. They establish a particular set of protocols that must be observed in the normal course to protect society in general but also, in the particular circumstances we face whereby there is a specific public health emergency and without overstating the point, to save lives.

The provisions put in place by the Department of Health and other regulations are there to protect the community at large at a time when we know that numbers are rising. In that context, far from being very draconian, these powers are proportionate and necessary to safeguard public health. They are in contrast to the powers the Garda now has, which is not to shut down premises but, rather, to pursue prosecutions in respect of matters such as the sale of alcohol to minors or offences under the Equal Status Acts. They must come in that context before gardaí can actually take the ultimate step of closing a premises on either a temporary or permanent basis. This allows action to be taken much more quickly which is appropriate in the context of the public health emergency where breaches of these rules are not merely undesirable but dangerous and must be taken in hand. That is why it is appropriate for gardaí to have powers to inspect and to act where they think it is appropriate to do so.

Another Deputy suggested in the Dáil that this is all about a moral opprobrium associated with the people sponsoring the legislation and their dislike of either public houses or alcohol consumption. This is a preposterous notion given, I suspect, that there is probably a not Member of either House who has never been to a pub or enjoyed the time they spent in a pub with friends or family. There is no such opprobrium nor could there be as there is very clearly a public will for these establishments to operate.

I return to the point that this is an opportunity to see a pathway to reopening pubs.Some of the concerns that have been expressed are quite manufactured. For example, it has been claimed that this legislation might enable gardaí to go into a publican's home or somehow break into a private dwelling. The inviolability of a dwelling is supremely protected by Article 40.5 of the Constitution. This is manufactured hysteria on the part of people who may well have legitimate concerns, but are trumping up issues with this legislation to make them more sensational or claim the legislation does more than it does.

Nor does this legislation seek to target publicans or people engaged in this business. This House will know from the pronouncements of Ministers that there is a desire to bring this feature of our society back into operation. That is something we all want to do. There is no way we can reopen pubs it if we cannot take action against the very small number of pubs that do not comply with the legislation. One Member of the other House described this legislation as so serious that we are now like the dictatorships of Russia, which was the most extraordinary statement I heard in the course of the debate. The populist desire to be seen to be taking a firm line is all very well, and I understand that Members have to represent the views and concerns that have been made known to them. However, the notion that anything in here equates to that level of authoritarianism reflects more on the Member who said it than anything in the legislation. It also indicates how little the actual contents of this legislation are understood. The Minister set out the case very clearly and went through the various sections and what they do. We are empowering An Garda to safeguard the population in the context of a global pandemic. If there is one thing we have learned during the pandemic it is that An Garda has used those powers sparingly. This is a reasonable and proportionate piece of legislation.