Written answers

Wednesday, 21 April 2021

Department of Justice and Equality

Covid-19 Pandemic

Photo of Darren O'RourkeDarren O'Rourke (Meath East, Sinn Fein)
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1409. To ask the Tánaiste and Minister for Justice and Equality the number of checks An Garda Síochána undertook in 2021 before mandatory hotel quarantine was in place to check if persons that travelled here from designated countries were quarantining in their home; and if she will make a statement on the matter. [18898/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, An Garda Síochána is responsible for policing the public health regulations made under the Health Act 1947. As Minister, I have no direct role in these operational matters, which are the responsibility of the Garda Commissioner and his management team.

I am informed by the Garda authorities that An Garda Síochána has been receiving information from the Department of Health since 24 February 2021 on persons whose compliance with a requirement to quarantine at home after arriving into the State could not be established. Checks are currently being conducted in a number of divisions on a pilot basis.

Up to the 25 March 2021, the day before mandatory hotel quarantine was introduced, 902 such quarantine checks had been completed.

Photo of Darren O'RourkeDarren O'Rourke (Meath East, Sinn Fein)
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1410. To ask the Tánaiste and Minister for Justice and Equality the number and value of fines issued to date in 2021 for failing to abide by the mandatory home quarantine requirement; and if she will make a statement on the matter. [18899/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Government's response to the Covid pandemic is led by my colleague, the Minister for Health. Minister Donnelly has made a number of regulations as part of the public health response to the pandemic under the Health Act 1947 (as amended), including a number of penal provisions which are designated as fixed charge offences.

I can confirm, however, that there is no fixed charge offence of 'failing to abide by the mandatory home quarantine requirement' under the regulations under the Health Act 1947 (as amended) as introduced by Minister Donnelly. Consequently, no fixed charge offence fines have been issued for 'failing to abide by the mandatory home quarantine requirement'.

Statutory Instrument 135 of 2021 provides, in Regulation 9(1), that a 'relevant traveller' (other than certain exempted categories) shall remain at their place of residence for 14 days after their arrival into the State and this is a penal provision under Section 38A of the Health Act 1947, as amended.

Any person under Section 31A "(6)(d) in purported compliance with a requirement under regulations under subsection (1), gives information to a relevant person that, to the first-mentioned person's knowledge, is false or misleading in any material particular," shall be guilty of an offence.

Under Section 31A "(7) A member of the Garda Síochána who suspects, with reasonable cause, that a person is contravening or has contravened a provision of a regulation made under subsection (1) that is stated to be a penal provision, may, for the purposes of ensuring compliance with the regulation, direct the person to take such steps as the member considers necessary to comply with the provision."

Further, Section 31A (8) makes it an offence for any person who, without lawful authority or reasonable excuse, fails to comply with a direction under subsection (7). Gardaí may arrest, without warrant, such a person and they are liable to, on summary conviction in Court for a first offence, a fine not in excess of €4,000, a term of imprisonment of up to one month or both. Further penalties apply on subsequent convictions.

For the Deputy's information, details regarding the current level of Fixed Charge Penalties for breaches of the regulations in place issued by An Garda Síochána are published on the Garda website and they are available at the following link:

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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1411. To ask the Tánaiste and Minister for Justice and Equality if a date for a return to house viewings has been given; and if so, when it will take place. [18918/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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While the Minister for Health has primary responsibility for our overall national COVID strategy, I am happy to supply the following information about the current guidance developed by the Property Services Regulatory Authority (PSRA) in this regard.

The Property Services Regulatory Authority (PSRA) is the independent statutory body established under the Property Services (Regulation) Act 2011, with responsibility to licence and regulate property services providers (auctioneers, estate agents, letting agents and property management agents).

To be of assistance to the Deputy, I have contacted the Property Services Regulatory Authority who has informed me that, on 19 May 2020, the PSRA in association with the Institute of Professional Auctioneers & Valuers (IPAV) and the Society of Chartered Surveyors Ireland (SCSI) issued the Joint Sector Protocol for Property Services Providers (PSPs). The Protocol is intended to ensure strict precautions are taken to provide the highest standards of safety in the sales, lettings, valuations and managements of properties in the best interest of clients, consumers, employees, employers and those who are categorised as being at risk or at high risk of Covid-19.

Following on from the Government's publication of the Plan for Living with Covid-19, the PSRA in association with IPAV and SCSI published the Property Services Providers Guidance to implementing the Plan for Living with Covid-19. This document set out additional measures to be undertaken at the different levels outlined within the Plan. An updated version of this Guidance issued in January 2021, to take into account the enhanced restrictions introduced at that time. The guidance in this most recent edition of the Protocol for “Viewings by the public of properties for sale” under current Level 5 restrictions (page 4 of the document) is as follows:

Viewings by the public is permitted of properties by appointment only where the property has gone sale agreed and contracts for sale drafted.

In these circumstances:

- Viewings by one party of two people from the same household is only permitted; and

- Properties must be unoccupied at the time of appointment.

No change has been made to the restriction level since then and therefore this guidance should still be adhered to.

Both the Protocol and the Guidance are subject to the Government, HSE and Department of Health guidelines on these matters. The full document is available to view on the Property Services Regulatory Authority website at: www.psr.ie

The relevant public health considerations therefore remain the primary determining factor as to when it will be appropriate for house viewings to resume in the manner to which we have been previously accustomed. The PSRA will continue to work with the industry to plan for viewings in a safe way as soon as practicable.

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