James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Senators for the opportunity to address this resolution, the purpose of which is to extend the sunset clause in the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020. Senators will know that section 17 of the Act provides that it shall continue in operation until 9 November 2020 unless a resolution approving its continuation has been passed by both Houses of the Oireachtas before that date. A resolution was passed by Dáil Éireann on Wednesday evening.

Covid-19 continues to pose a grave threat to public health, as well as a threat to the economic and social life of the country. We are clearly in a second wave of the virus and the country is in lockdown under level 5. It is a time of great uncertainty for all our people, whether that concerns their health, their jobs, or their general well-being. We must live with Covid-19, at least until a vaccine is found and distributed widely throughout society. That is why in September, the Government brought forward its medium- to long-term strategy, Recovery and Resilience 2020-2021: Plan for Living with Covid-19, which spans a period of six to nine months.

At times, the Government has been accused of causing confusion and for not having clear and easy to follow rules and regulations. While it is very difficult in a pandemic to be certain about anything, the strategy document gives us a clear path forward. That strategy is due to take us forward to next summer. This House has already resolved that the amendments effected by Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 should remain in operation for the period beginning on 9 November and ending on 9 June 2021. Today, I am proposing that the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 should also be extended for the same period to 9 June 2021 . For clarity, it is important that the extension to the Health Acts, the Covid-19 regulations and the powers contained in this Act all remain in alignment for the same period.

By way of background, the Act that is the subject of the motion was signed into law by President Higgins on 11 September 2020. It provides An Garda Síochána with statutory enforcement powers regarding licensed premises and registered clubs to ensure strict adherence to public health measures on such premises where alcohol is sold for consumption. It has not yet been in force for two months. In that time, nothing has changed regarding the virus. The threat still exists and emergency measures that are time-bound are still required to deal with that threat. This remains a critical time for our country and we will continue to have a special responsibility to comply with the public health guidelines and regulations. We know that none of this is easy. Everyone is impacted upon in some way. The vast majority of people and businesses in Ireland have complied with public health restrictions during this difficult period because they understand that doing so is the most effective way to keep us all safe.

Senators will be aware that under level 5, all pubs and restaurants are currently closed. When Minister McEntee addressed the Dáil on Wednesday, she expressed the hope that they will soon reopen if we are successful in tackling the virus, and I share her sentiments in that regard. I am very conscious that many restaurateurs and publicans have spent money to make their premises safe for their customers and staff, but also to play their part in the national effort in dealing with Covid-19. They have reduced capacity, put in safety screens and have played their part in contact tracing. The vast majority of publicans have fully complied with all the restrictions.

It is because of that great effort that the Government believes it would be completely unfair if the small minority who wish to flout the law and to put their customers and staff at risk, are allowed to do so without consequences. The Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 gives gardaí the power to enter such premises and encourage that small minority of publicans who are acting contrary to public health regulations to bring themselves into compliance. If they refuse, An Garda Síochána has the power to act swiftly. An Garda Síochána has played a huge role in the national effort to suppress the virus. The front-line engagement of its members with communities and vulnerable groups has been recognised by the Policing Authority, as well as the challenges and complexity of policing in a pandemic. The graduated response to policing, which has been adopted from the outset, is based on the Garda tradition of policing by consent.Gardaí are continuing to use the "four Es" strategy to engage, educate, encourage and only to enforce the relevant provisions as a last resort.

We know that the vast majority of licensed premises have been acting in full compliance with the relevant regulations. Under Operation Fanacht, the number of crime incidents recorded by An Garda Síochána in regard to licensed premises between 3 July 2020 and 24 October 2020 was 281. Fewer than 100 of these incidents have taken place since this law was enacted on 11 September 2020. These figures have to be seen in the context of the varying restrictions which have applied at county and national level since 11 September. Levels 3, 4 and 5 have applied at some point in all counties. Should a publican decide to ignore the current restrictions and open a licensed premises, An Garda Síochána has the power to immediately take action.

I think we can all accept that Covid-19 will be with us until well in to 2021. In this context therefore, and in line with the Government's Recovery and Resilience 2020-2021: Plan for Living with Covid-19, the emergency measures contained in the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 will continue to be required. The Garda authorities have reported to my Department that An Garda Síochána has not as yet issued any closure orders or compliance notices. Consideration has been given to using each of the powers contained in the Act but they have not been required to date. When the Minister for Justice, Deputy McEntee, introduced the legislation in Dáil Éireann, she said that it would be her preference for the small minority of publicans in question to come into compliance and she hoped that no pub closures would be required under this Act. She was very clear that enforcement should be and would remain a last resort. The entire purpose of this legislation is to enhance compliance and that is exactly how it has worked out so far.

There is no immediate penalty for a licensed premises that may be flouting the regulations. The first thing that happens is that the licensee or the manager is given a direction to come into compliance. The penalties in the Act only come into play if the publican fails to comply with that direction. Just because no pubs have had to be closed does not mean that this Act is not a success. On the contrary, the threat of enforcement actions has probably been all that was needed. The Garda Commissioner is of the view that it is because of the existence of these powers that those publicans who wish to flout the law have actually come into compliance. Consequently, that is why it has not been necessary to issue any closure orders so far. The Commissioner has strongly supported the continuation of these powers into 2021.

I assure Senators that the Minister and I fully expect that the graduated policing approach we have seen to date in all aspects of dealing with the pandemic will continue to be pursued by An Garda Síochána. By continuing to provide these additional enforcement powers to the Garda, we will see an improvement in compliance with Covid regulations by those who operate pubs, restaurants and registered clubs, in the interest of public health and in a way that will facilitate the gradual reopening of society.

The matter before us today is relatively straightforward. I am proposing the continued, but time-limited, application of legislation which was scrutinised and passed by this very House less than two months ago. The circumstances leading to the enactment of the legislation have not changed. The virus has not changed. It remains a serious threat. The Government is firmly of the view that extending this Act is both necessary and proportionate. We believe it is entirely appropriate for clarity purposes to align the dates of various related instruments. The provisions are carefully balanced and follow a human rights approach to address the small minority of licensed premises that are showing disregard for public health requirements.

Important safeguards have been provided throughout the Act, in particular through the requirement for involvement of a Garda member of at least superintendent rank, the time-limited nature of the closures, and the various possibilities for an appeal. Providing for these additional, limited powers until next June will enable the Garda to move swiftly to address those cases in which licensed premises and private clubs breach public health regulations. In conclusion, I commend the resolution to the House. I thank Senators for their attention, and I look forward to hearing their comments on the matter.