Vincent P Martin (Green Party) | Oireachtas source

I thank the Minister for finding the time to address us in the House this afternoon. The context of this emergency legislation is very important. The first sentence of the Bill states: "An Act to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19". Those powers, to be candid, are extensive.Section 3(1) of the Bill states: "Any member, whether in uniform or not, may enter without a warrant any relevant premises at any time and there make such inspection, examination, observation and enquiry as he or she may think proper". We should make no mistake about it - these are extensive powers. I welcome what the Minister said in the House this afternoon in respect of the intention behind the Act and that powers will only be invoked on the basis of enforcement as a last resort. However, they will soon be on the Statute Book and I am hoping that members of An Garda Síochána will be fully trained. The general secretary of the Garda representative body recently expressed concern about their understanding and the legislative import of their duties. Perhaps that is for another day in terms of the most appropriate place in which to make the comment. I feel those concerns should go directly to the Garda Commissioner and the Minister in the first instance. Notwithstanding that, Garda training is at the heart of this and the gardaí have to be brought up to speed very quickly.

A few weeks ago we had a publicised, attempted illegal eviction in Dublin city. It transpired that there was no determination from the Residential Tenancies Board, RTB, nor was there a court order, yet members of the Garda found themselves in the middle of that eviction and actually entered the private dwelling in question. I wrote to the Commissioner about it. I want to make it clear that we are very grateful to the Garda, especially in a pandemic, for its tremendous, heroic work to protect us in these unprecedented times. We cannot thank the Garda often enough for that. People are prone to mistakes but this is an example where members of the Garda are not fully appreciating and understanding their duties in certain circumstances. Arriving at what seems to be an eviction, they are indirectly and inadvertently aiding and abetting an illegal act. The Policing Authority spoke on that incident two weeks ago. It intervened and came out with a nice statement saying "we are only there to keep the peace". However, they are arriving and giving credence to what could be an illegal eviction by observing and supervising it. In the case of the incident a few weeks ago, which was higher on the scale of a lack of understanding of their role, gardaí actually involved themselves in the illegal eviction and entered a private dwelling.

In 95% of those evictions the tenant is served with the notice and leaves. However, in the 5% of cases where the tenant refuses to leave, unregulated people in uniform with sunglasses, or bailiffs or whoever it may be, should not force an eviction on foot of a possession order. They should return to the court and say that the order is not being adhered to. Then there might be an issue of attaching and committing the person who is in breach of a court order. At that stage only should the forces of law and order have a legal role to play in such evictions. They should not be there at the outset when there is not even a termination order or a court order. I know they are doing it with the best of intentions but it is something that has been going on for years. I believe there is a misunderstanding of the actual law and the Garda is at times finding itself in places where it may not want to be. It is not in accordance with law.

I welcome the fact that there is a sunset clause in respect of the legislation in section 17. That should allay fears, despite the extensive powers that the Legislature is giving to An Garda Síochána. I note that during the debate in the Lower House, the Minister reassured Members that there will be no renewal without a resolution of both the Lower and the Upper House. There will be no automatic rolling over unless there is a resolution from both Houses to extend what are wide-ranging powers. I welcome the contribution by Sinn Féin's Senator Gavan calling out hysterical comments made in discussions of this Bill in the Lower House and identifying this as populism. We must always be on our guard against populism from any direction, be it the extreme right, the centre or the left. I concur with Senator Ward's view that there was some scaremongering about the Bill. The dwelling expressly enjoys special protection in the Constitution as a place of repose in which no one should have anything to fear. I take Senator Keogan's point expressing concern about what happened yesterday as reported in a newspaper of record. I did not get a chance to read about it yet but that would be a cause of concern for me too.

Taken in the round, this legislation is draconian in a sense but it is also proportionate and necessary. It will be a catalyst in the context of providing the vast majority of publicans with a roadmap to get their businesses up and running again. Pubs are so much more than premises licensed to serve drink. They are social nerve centres, as one Senator stated. They are also the heartbeat and headquarters of communities and are availed of in so many ways. Pubs often allow essential community meetings to take place free of charge. For some people, especially those in rural areas, they are vitally important to maintaining connectivity, morale and wellness. The Green Party will be supporting the emergency legislation, but we emphasise that we welcome the sunset clause.