Minister for Justice Helen McEntee TD today welcomed the decision by Government to approve publication of the Criminal Justice (Enforcement Powers)(Covid-19) Bill 2020.
The main purpose of the Bill is to provide An Garda Síochána with additional enforcement powers in relation to bars and restaurants selling alcohol, which are not compliant with the Covid-19 health regulations.
Minister McEntee said:
Since the outset of the Covid-19 pandemic, An Garda Síochána has taken extensive action in support of public health restrictions. Gardaí have adopted a graduated policing response to the pandemic - engaging, educating, encouraging and only as a last resort enforcing relevant emergency regulations. This approach has been effective and is fully in keeping with the tradition of policing by consent.
Addressing the question of licensed premises specifically, Minister McEntee said:
Garda checks since the beginning of July have found the vast majority of licenced premises to be in compliance with both health regulations and licensing laws. But the unfortunate reality is that some licensed premises are flouting the law, risking the health of their customers and the wider public.
Minister McEntee continued:
In bringing forward this new legislation, I want to ensure that Gardaí have the powers they need to act swiftly to deal with breach of these Covid-related regulations, where required.
The Criminal Justice (Enforcement Powers)(Covid-19) Bill 2020 will provide for three types of closure orders that may be issued to a bar or restaurant, in circumstances where it fails to comply with a direction from An Garda Síochána under section 31 of the Health Act 1947. It also provides for a number of criminal offences in relation to breaches. The Bill will additionally establish new grounds for objection to renewal of licences, in circumstances where it has been necessary to close a licenced premises or where a person has been convicted for being in breach of the relevant provisions.
The Bill will complement additional regulations being drafted by the Department of Health, which will place obligations on licensed premises in relation to the service of food and drink.
Minister McEntee concluded by saying:
I appreciate that these are extraordinary powers, but we are facing an urgent public health need. These powers will be temporary and include a number of safeguards, including provision for appeal in respect of closure orders. In keeping with the graduated policing response adopted to date, I don’t expect that these powers will be used frequently. But I strongly believe that this new law will encourage better compliance with Covid regulations by publicans and restauranteurs, in the interests of all of our society.