Written answers

Wednesday, 3 June 2020

Department of Justice and Equality

Covid-19 Pandemic

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail)
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341. To ask the Tánaiste and Minister for Justice and Equality if he will address the lack of social distancing by large groups in the Moore Street area of Dublin. [8487/20]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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As the Deputy will appreciate, An Garda Síochána has been carrying out extensive operations in support of the public health guidelines in place in the context of the Covid-19 pandemic. Garda action in this regard is underpinned by primary and secondary legislation introduced by the Minister for Health and in particular the additional temporary powers provided for under section 31A of the Health Act 1947 and brought into effect by the Health Act 1947- Section 31A- Temporary Restrictions (COVID 19) Regulations 2020.

The Garda Commissioner and his senior team have implemented a carefully graduated policing response, based on its strong tradition of policing by consent.  Garda members engage, explain and encourage members of the public to comply and, only as a last resort, make use of their enforcement powers under these regulations.

As Minister, I have taken a number of specific actions in the interest of transparency and in order to maintain public trust and confidence in the manner in which these powers are being exercised: I requested the Garda Commissioner to compile and publish a record of any use of these temporary powers, and he is going so on a weekly basis. I also requested the Policing Authority to engage with the Commissioner to independently assess and report regularly on the use of these regulations. The Authority is providing me with reports of this kind on a fortnightly basis.

The Deputy may wish to note that the latest figures published by An Garda Síochána show that from 8 April, when the regulations came into effect, until30 May 2020 inclusive, Gardaí have invoked the regulations 289 times. This includes both arrests and incidents without arrest where names and addresses were taken for consultation with the DPP on the decision to issue charges.

This and more information is available on my Department’s website at the following link:

The Deputy will appreciate that this data shows that it is only in a very small minority of cases, despite receiving a number of warnings, that some individuals have not been willing to comply with the public health guidelines and the powers provided for in the Health Act and the Health Act 1947- Section 31A- Temporary Restrictions (Covid 19) Regulations 2020 were used.

The area referred to by the Deputy is policed by Gardaí attached to Store Street Garda Station. I am informed by the Garda authorities that the area referred to by the Deputy is subject to specific operational policing in response to Covid-19, including proactive policing.  Any potential breaches of the regulations are dealt with in keeping with the graduated policing approach set out above.

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