Frank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source

I thank Senators for their views and their amendment but I must oppose it. As a Member of the Oireachtas, I understand the motivation behind this amendment. However, we are living in exceptionally challenging and unprecedented times. As I said in my earlier speech, the Government is battling Covid on a number of fronts, including enforcement. The ability of the Government to make regulations reflecting its decisions on public health measures is vital if we are to succeed. Right now, we are at level 5 of the Government's framework and it is vital that people comply with guidance and advice. To ensure that, we need adequate enforcement. If I were to accept this amendment, there would be a significant lag in bringing enforcement powers to bear on public health guidance and advice. In that context, it is important to recognise that the driving force behind the Bill is not to penalise. In fact, the sanctions we are discussing are less grave than those currently available to the Garda. The aim of the Bill is to enhance compliance with public health measures. The Bill already provides that the Minister for Health must consult with the Minister for Justice and Equality and any proposals for regulations with fixed penalty provisions would be brought to the Government for consideration. In addition, section 5 of the Health Act 1947 states, "Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly ...". I reiterate that, as a Government, we are focusing on educating, encouraging and engaging with people. As I have said on numerous occasions, enforcement is the last resort. I reject these amendments.