Seanad debates

Friday, 6 November 2020

Criminal Justice (Enforcement Powers) (Covid-19) Act 2020: Motion

 

9:30 am

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Browne, to the House. This has been a good debate on these matters but the reality is that the Minister is asking us to agree a proposal to extend these measures to 9 June 2021. I want to say at the outset that I fully support the members of An Garda Síochána in their challenging work in policing our communities but I also support the citizens, the greatest watchdogs of our communities, and their role in assisting An Garda Síochána with policing. Much policing is soft policing, soft information and open and good communication with An Garda Síochána at every level of its work. However, I want to share some stories with the Minister.

Last week, I had to contact An Garda Síochána in Dún Laoghaire where I had found, across the Dún Laoghaire-Rathdown County Council administrative area, people outside on the streets consuming alcohol and urinating it into the planters placed along the streets. The Minister of State may not know that Dún Laoghaire-Rathdown County Council has bye-laws that prohibit the consumption of alcohol in public places. Having left here last night I was travelling through Blackrock and again I saw people all over the streets. There was no social distancing and no concern for the virus or for the health and well-being of citizens. People were sitting on walls and on the new temporary timber seats that have appeared everywhere, at a cost to the taxpayer, and planters for people to urinate in. We must remember that public houses are shut yet they continue to sell alcohol. Consuming alcohol in public places is in breach of the bylaws of our county. I visited Blackrock Garda station to express my concern and have yet to hear what will happen. I asked them to go out and enforce the law. All I was asking for was that the law would be enforced. We have a situation where from Booterstown to Blackrock, Monkstown, Seapoint, Sandycove, Glasthule and all the way up to Dalkey and Killiney people are consuming alcohol in breach of the law and with no regard to Covid-19.

We are being told by the Minister of State that the Garda needs extra time. They have these powers but I am not convinced that they are being used. I appreciate the gardaí are under-resourced, that they need more assistance and that these are difficult times to police this situation. I recognise also the importance of working with people in terms of administering the law. It is not the top priority when we are dealing with more serious crimes in our community and the challenges that face An Garda Síochána. It is important to put that on the record.

As my colleague and friend, Senator McDowell, said, we have a role as one arm of the Legislature, Seanad Éireann, to ask questions of the Government and to hold it to account in respect of its proposals and legislation. I have no difficulty supporting the proposals but I will be supporting the amendment. It is reasonable and fair that we look at this issue until February and, if it continues to be so important, come back and do it at that time.

The Minister of State must remember that we have to give people hope. I have heard many of his colleagues in government from various parties talk in both the Houses and on the national airwaves about the need to give hope to publicans, pub owners and restaurateurs and to try to help them. Any pub owner or restaurateur reading the report of this debate in tomorrow's national press will be disappointed because we are telling them we are working to have their premises reopened. If I were to read tomorrow that Seanad Éireann and Dáil Éireann had approved a provision for an extension until June 2021 I would be a little disappointed and my confidence would begin to be shattered.

On a number of grounds what the Minister is proposing is reasonable but I do not see any reason not to convene another meeting of both Dáil Éireann and Seanad Éireann in February to explain that a reasonable extension is needed. It is about respect for the Houses of the Oireachtas. It is about the importance of scrutiny of legislation. That is reasonable and fair. I therefore will support the amendment. I thank the Minister of State for coming into the House. I thank the other Members who have engaged in the debate. If the Minister is giving the gardaí more powers, we need to find out if they are using them, if they need them and the difficulties to date. We do not have much information on any setbacks, challenges or problems with the powers they have had to date.

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