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

I thank all Senators for their comments and especially for their broad support for the legislation. I did not say it at the outset but, to be clear, I am very grateful to all Senators for their support and for allowing the Bill to go through and bypass the pre-legislative scrutiny. I understand and fully appreciate that this is not the way we should be passing legislation. Unfortunately, this is the second time I have brought legislation in a short space of time in this manner. I do not want to be doing it this way but both of these pieces of legislation are very relevant to the current situation and there are time constraints, particularly given there is a sunset clause on this for 9 November. I appreciate the Senators' efforts on this and their support in waiving the pre-legislative scrutiny. We have not brought forward this legislation lightly. It is not anti-pub legislation, as some people have suggested while maybe not in this House. As someone who has spent a third of my life working in pubs in my own family pub or while in college and beyond college, it is not something I would do.

This legislation is here to support publicans, as all Senators have outlined, and especially those who have been compliant and who put a huge amount of work, effort, time and money into making sure they are compliant. This legislation looks at certain small numbers of publicans who are not adhering, who are bending the rules and who are breaking the Covid-19 regulations. The legislation is to ensure that where people do that, there are penalties.

Senator Craughwell asked if we had engaged with An Garda Síochána. The Garda itself has said there is a deficiency where people are breaking the rules in terms of gardaí being able to come in to ensure there is enforcement and compliance. This is why we are doing this. Obviously it is done with the engagement and support of An Garda Síochána.

I will address some of the concerns around the sunset clause. I am aware there is an amendment to this later. We put in 9 November, which is based on the fact that other regulation finishes on that date. On the suggestion that we would not allow an ability to extend that, given the uncertain times we are in and that we do not know what will happen next week, never mind in two months, it is important that we allow the potential for a rollover, but only having gone through both Houses, being debated in both Houses, and with the permission of both Houses. That needs to be very clear.

There are concerns and perhaps questions around the fact that some instruments are guidelines and some are law, and that some are penal and some are not. I understand that this can be confusing for people. There is a very clear outline in the statutory instruments as to what is penal and what is not. I understand that some measures that were guidelines have now become penal. Senator Bacik mentioned the provision of penal measures for face coverings while on public transport and in shops. That had not been the case but, unfortunately, while many people have been wearing face coverings when asked, many others were not. When introducing the penal measures, we have seen compliance shoot up to between 90% and 100%. These penal provisions are for a reason and it is not because we are trying to catch people out. We do see, however, that where those measures are brought into place, compliance increases. In the past week we saw non-compliance in the pubs going down.Perhaps that is because we have been debating this very publicly and publicans know that these measures are potentially coming in as well. There has been mention of meat plants and factories. I think Senator Seery Kearney addressed that in her own contribution. There is legislation in place and a huge amount of work has gone on between the relevant authorities. The Department of Agriculture, Food and the Marine is working not just with meat plants but also with food production plants across the country to ensure their premises are safe and the work can be carried out in a safe environment. On direct provision, from the very outset a vast array of measures were put in place, everything from cocooning for those over 65 to testing and the ability for people to self-isolate where they have tested positive or have been in close contact with someone who has tested positive. As of this Saturday, I am informed by the HSE that in direct provision centres 7,500 people, residents and staff, will be tested initially and then tested again in two weeks' time. This is to ensure we are working with and protecting them as much as possible.

Senator Keogan mentioned the provisions around entering the home. To give absolute clarity and assurance, there is nothing in this that would provide for or allow a member of An Garda Síochána to enter somebody's home. It is always the case that where they are invited or admitted into a home, or where there is a search warrant or arrest warrant, they can certainly enter. That is not being addressed in this Bill. I am not aware of the article to which the Senator refers so I do not know at what stage of the pandemic that was or what was used to convict them. I will certainly look into it.

The sunset clause was mentioned. I would like to join Senator Flynn in acknowledging World Suicide Prevention Day. It is a very important day and I am glad she mentioned it. There should be no impact by this legislation on anybody in a discriminatory way. Everybody is going to be and should be treated the same, whether that is going into a pub, booking a table for six people or where a member of An Garda Síochána is coming into a pub and engaging with citizens. Everybody should and will be afforded the same treatment. If a mistake is made and somebody is in breach of regulations or the law, in the first instance the Garda should always engage with that person. It might be an accident and the person might not realise he or she is in breach of the law. That will be the case for absolutely every member of our community and our society. Where there are ten people living in a home, a large family or people living over a pub, once it is a family unit, that number is allowed. We are asking and encouraging people, while it is not a penal provision, that outside of the people living in the house they have no more than six people from three other households within their home and no more than 15 outside. I really would ask that people adhere to that. I am afraid I do not know who came up with the term "wet pubs" but I agree that it is not the best term.

I thank Senators for their support of this legislation. I anticipate that it will be used in very limited circumstances and very sparingly over the coming weeks. The fact that the pubs are opening is very positive. It will create an outlet for a lot of people who have not been able to get out to enjoy themselves and engage with friends, particularly those who are living on their own. That can be very positive. However, we have to remind ourselves that we are still in the middle of the pandemic. We need to make sure there are rules and regulations and that for those who breach them, there is a mechanism by which they can be held accountable. This legislation will help us to do that.

I apologise that I cannot stay for all of the debate. My colleague, the Minister of State, Deputy James Browne, is going to take my place.