Written answers

Wednesday, 3 February 2021

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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604. To ask the Minister for Health the sanctions available to gardaí to regulate employers who are in breach of the Covid-19 guidelines. [5224/21]

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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605. To ask the Minister for Health the sanctions available to gardaí to regulate employers who are in breach of the Covid-19 guidelines but have no premises, for example those in construction. [5225/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 604 and 605 together.

The current Regulations in effect providing for public health restrictions are the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (S.I. No. 701 of 2020) as amended by both S.I. No. 4 of 2021 and S.I. No. 29 of 2021.

The regulations provide that members of the public and workers are not permitted, or otherwise granted, access to a premises in or at which a business or service is carried out, other than where access is necessary for the provision of an essential service or the operation of an essential retail outlet. This is a penal provision.

Section 31A of the Health Act 1947 as inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest ) Act 2020 (No. 1 of 2020) provides that a “‘premises’ includes a building or any part of a building, any outdoor space surrounding or adjacent to the premises, whether or not used in conjunction with the premises, any land, premises, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway carriage or other vehicle (whether stationary or otherwise) and any storage container”.

The regulations also provide that leaving one’s place of residence without reasonable excuse is prohibited. The list of reasonable excuses is non-exhaustive. For the purposes of work, such reasonable excuse, includes a person leaving their place of residence in order to -

‘(a) work, comply with a contract of employment or contract for services, or otherwise engage in work or employment where -

(i) such work, compliance, or engagement relates to an essential retail outlet or an essential service, and

(ii) in all the circumstances, it is not practicable to so work, comply or engage in the person’s place of residence’.

This is a penal and fixed penalty (€100) provision.

Photo of Seán HaugheySeán Haughey (Dublin Bay North, Fianna Fail)
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606. To ask the Minister for Health if he plans to provide additional powers to An Garda Síochána to prevent persons travelling to airports for the purpose of going abroad for non-essential reasons such as holidays; and if he will make a statement on the matter. [5318/21]

Photo of Seán HaugheySeán Haughey (Dublin Bay North, Fianna Fail)
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701. To ask the Minister for Health if he plans to impose restrictions on movements by persons from Northern Ireland to the Republic of Ireland; and if he will make a statement on the matter. [5324/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 606 and 701 together.

The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) (Amendment) (No. 2) Regulations 2021 (S.I. No. 29 of 2021) along with S.I. No. 30 of 2021 (Fixed Penalty Notice Regulations) came into operation on Monday, 1 February 2021.

These Regulations provide for the extension of the current public health restrictions to 5 March 2021. They also provide that a person whose place of residence is outside the State may not travel in the State without reasonable excuse. A non-exhaustive list of reasonable excuses applies for the purposes of this provision. It is a penal provision and a fixed penalty notice (€100) provision. In addition, the Regulations provide that a person whose place of residence is in the State shall not leave it to go to an airport or port for the purposes of leaving the State without reasonable excuse. This is a penal provision and a fixed penalty notice (€500) provision.

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