Seanad debates

Thursday, 10 September 2020

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage

 

10:30 am

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I welcome the opportunity to speak on the Bill and address the requirement to legislate to put these powers in the hands of An Garda Síochána. In this most unusual time, we must remember that the virus - not publicans, the gardaí, the public or even the Government - is the enemy. These legislative provisions are brought about to embellish the State's armoury in fighting the virus. I believe they are proportionate and temporary.

We observed a bacchanalian scene at one pub which was circulated on social media. It was to our great surprise that there was an inability and impotence in our ability and that of the gardaí to respond. For that reason, this is a necessary provision at this time. I welcome the graduated sanction commensurate with the degree of carry-on that presents itself to the gardaí and to which they are required to respond.

I sincerely hope these powers will not require use but their existence serves as a deterrent. We police by consent. For us to continue to be successful, we must continue to do so with buy-in to the guidelines as many have noted. Should the powers be used, we should stress that it is for a very small, exceptional number of publicans who are not adhering to the requirements. It is for them and members of the public who engage in activity on their premises that a sanction is necessary. I am glad the measures are temporary and I hope they do not need to be renewed or extended.

I hope that having these powers in place will reinforce, support and give further impetus to the reopening of the remaining pubs on 21 September. It is necessary and urgent that those involved with these so-called "wet pubs" get back to earning their livelihoods and supporting their families. I have received calls from people in my local area who are fearful of gatherings in garages where big televisions have been erected. If socialising or gatherings can occur in premises that are supervised and subject to legislation and guidelines, we are all safer. It is important to emphasise the good working relationship between the gardaí and publicans, which is not adversarial and should be maintained. This additional power does not suddenly pit gardaí against publicans. Publicans are put in an invidious position when they have to deal with the frustrations of customers. When there is a lack of co-operation on the part of belligerent customers, publicans turn to the gardaí. Gardaí have told me that this excellent relationship will continue and that their support of publicans will not be undermined or otherwise affected by this Bill. The public has a duty to respond in kind.

As an employment lawyer who has been instructed by unions, I will address some of Senator Gavan's comments. I also heard the radio reports of the plight of workers in meat factories.Certainly, I agree that it was harrowing. However, I disagree that there is a need for emergency legislation on their behalf. We have an Unfair Dismissals Act that does not require the 12-month threshold of service in instances where somebody is threatened with dismissal for trade union membership, race, religion or otherwise. Wearing any of my previous hats, I would relish the opportunity, and I have no doubt that there are groups and solicitors who have stepped forward, to assist in what is a horrible bullying situation. However, it is isolated and there is no need for emergency legislation for that.

I welcome and support these measures.

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