Alice-Mary Higgins (Independent) | Oireachtas source

I want to speak in support of the amendments. They are incredibly sensible. The use of "or" or "and" can make a huge difference. In this case, to speak to amendment No. 2 first, it is absolutely clear the Minister should not be making a fixed payment notice without prescribing how it would be used and there is no point in prescribing how it might be administered if it does not exist. It does not function as a section unless that change is made in respect of "and".

With regard to amendment No. 1, both of the measures on maintaining and enabling the graduated restoration of society and avoiding the imposition of further restrictions are important, but I want to add a qualitative comment on this. It is a very important provision because it provides that the penalties should only be introduced where the Minister has really looked to see whether there are other measures or penal provisions that could be used appropriately. This is why it is appropriate there would be two checks. It is significant.

I am not averse to there being penalties. I am someone who wished we had pushed further towards zero Covid at the time. I support level 5. I support restrictions and taking measures. I believe this is a pandemic and requires seriousness but it has to be done properly. There is legislation on public order offences. We have heard comments about the fascist rallies and other related rallies that have been taking place. It has been baffling to me, I must say, in some of these cases, with regard to threats and harassment, because the Garda has powers to address situation of threats and harassment. It also has powers to give direction where it has a reasonable apprehension for the safety of persons. These are powers the Garda already has in law under public order legislation. These powers have not been used in situations, which have been extraordinary, where we have people menacing individual members of the public. This is my point. It is with regard to how the powers and policies that already exist are used. The safeguard of having double checks is important in respect of the issue, not just because I believe it is a drafting error but because it would be appropriate that there are very careful checks on whether there are powers we can already use before new penalties are created.