Barry Ward (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit.

I agree with what has been said about this Bill. It is unfortunate but it is necessary. The comments of other Senators in this regard are well made. We need to equip the Garda with the powers it requires to enforce the regulations. That is for the benefit of everyone - all members of society but, most particularly, those who are vulnerable to Covid-19 and those who are at risk.

The hope, in passing this legislation, is that those powers will never be necessary. I welcome what the Minister of State said in his speech about the continued operation by the Garda of the police-by-consent model whereby they will continue to engage with the public and they will take all steps they possibly can before they need to enforce the law. We hope, first of all, that these powers will not be required.

In relation to the provisions that are there for prosecution in court and possibly incarceration, we certainly hope that none of that will be necessary. The idea is here that there is already the carrot from the point of view that the Government has taken but this also brings the stick. The most unfortunate aspect of this legislation is that it turns the conversation onto exactly this kind of thing and distracts from the message that the Government has been trying to put out, which is that we should be doing this by consent, that we should be working with people, that we should be putting in place supports which we are, and that we are working with people to facilitate their continued survival, be it in a business context, in a social context or in a mental health context, in any way we can. Unfortunately, this legislation turns the conversation a little more towards punitive measures, which are secondary to those other measures.

Finally, I agree with what Senator McDowell has said. As I have stated on many occasions in this House, the notion of rushing through legislation in all Stages is lamentable in every circumstance. I do not disagree that it is occasionally necessary. However, we have a poorly drafted Bill here. My amendment No. 20 deals with exactly the issue that Senator McDowell raised about the definition of "occupier". There is a perfectly valid, tested and tried definition in section 151 of the Broadcasting Act 2009 that would, in my view, cover the bases. We recognise that, as the Minister of State comes to this House today, it is difficult, if not impossible, for this House to amend this Bill. That reality is a bit of a slap in the face and a gesture of significant disrespect for the role the Seanad plays constitutionally in the passing of legislation. I do not blame the Minister of State for that. As a House, we should be making clear that we do not accept the model whereby, as has happened on a number of occasions in the context of Covid emergency legislation, legislation should pass all Stages in a single leap, as it will today.

However, I support the Bill. However unfortunate, it is a necessary provision.