Written answers

Thursday, 6 May 2021

Department of Justice and Equality

Covid-19 Pandemic

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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154. To ask the Tánaiste and Minister for Justice and Equality the number of breaches of home quarantine that were recorded in each week in March and April 2021; the number of fines levied in each week for breaches of home quarantine; and if she will make a statement on the matter. [23498/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy will be aware, the Government's response to the COVID 19 pandemic is led by my colleague, the Minister for Health. The Minister for Health has made a number of public health regulations under the Health Act 1947 (as amended), including penal provisions which are designated as fixed charge offences.

An Garda Síochána receives information from the Department of Health on cases where compliance with a requirement to quarantine at home after arrival into the State could not be established. Checks are currently being conducted in a number of divisions on a pilot basis.

I am advised that up to 29 April 2021, there were a total of 16 confirmed breaches of mandatory quarantine at home. These offences proceed by way of charge/summons and related penalties follow a Court conviction, rather than issuing a fixed penalty notice.

There is no fixed charge offence of 'failing to abide by the mandatory home quarantine requirement' provided in the regulations made by the Minister for Health under the Health Act 1947 (as amended). Consequently, no fixed charge offence fines have been issued for 'failing to abide by the mandatory home quarantine requirement'.

However, 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 31A of the Health Act 1947, as amended.

Any person under section 31A (6) who contravenes a penal provision of a Regulation made under this Act; or who obstructs, interferes or impedes a relevant person; or fails or refuses to give relevant information to a relevant person or 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 Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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155. To ask the Tánaiste and Minister for Justice and Equality the number of fines levied for breaches of mandatory hotel quarantine since its inception; and if she will make a statement on the matter. [23499/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy will be aware, the Government's response to the COVID 19 pandemic is led by my colleague, the Minister for Health. The Minister for Health has made a number of public health regulations 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 hotel quarantine requirement' under the current public health regulations. Therefore, no fixed charge offence fines have been issued for 'failing to abide by the mandatory hotel quarantine requirement'.

All passengers arriving into Ireland from designated states after 4am on the morning of Friday 26 March are required to pre-book accommodation in a designated quarantine facility, and to pre-pay for their stay.

When in mandatory quarantine, it is a criminal offence to act in a manner which endangers the life and health of any other person in the designated facility or to act with reckless disregard for the life and health of any other such person.

Any person convicted of the criminal offences noted above may face a fine of up to €2,000, or one month in prison, or both.

For the Deputy's information, details of the current level of Fixed Charge Penalties for breaches of the regulations issued by An Garda Síochána are regularly published on the Garda website. The relevant details and statistics are available at the following link:

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