WATCH: Offaly TD describes new legislation as “over the top and unnecessary”

New laws, contained in the Criminal Justice (Enforcement Powers) (Covid-19) 2020, will give Gardai the power to shut down pubs for a maximum of 30 days if they continuously break Coronavirus health rules. It will also give new powers to the Minister for Health to introduce controls over the numbers of guests in a private house.

However, the new laws sparked fury from some rural TDs including Carol Nolan, TD, who feels they are “over the top and unnecessary”.

Speaking in the Dáil  on Wednesday, the Offaly TD said: “Some of the major concerns with the provisions of the Bill have already been outlined by my Rural Independent colleagues and I want to echo those concerns.”

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“One of the most significant fears that I have around this Bill is that we are entering uncharted territory with respect to a set of legislative proposals that may end up doing irreparable harm to personal freedoms and social cohesion.

Indeed, when the Bill was approved by government Minister McEntee accepted the point that the Bill contains extraordinary and exceptional powers.”

Deputy Nolan continued: “This description does not adequately describe the extent and the reach of the Bill here before us. Section 13 of the Bill for example, speaks of granting the Minister for Health powers to, and I quote, “take such additional protective measures as are practicable in order to mitigate those risks and to prevent, limit, minimise or slow the spread of Covid-19 in an effective manner.”

“I want to suggest that there is an incredibly dangerous level of vagueness to that kind of language. It can mean anything and it appears to allow for everything, once it is “practicable.”

“Also, what does “in an effective manner” really mean in this context? We need a lot more clarity on this Minister because it is very ominous sounding language.

The Bill does say that before prescribing regulations under this subsection, the Minister shall consult the Minister for Justice and Equality and any other Minister of the Government as the Minister considers appropriate.”

“Again, if this is meant to be taken as a measure that addresses people’s concerns then I have to put it to the Minister that it does no such thing. In reality it is little more than a rubber stamping exercise where the decisions of the Minister will be free from the kind of wider scrutiny that they may deserve or require. It is sham accountability.”

“Many pub and restaurant owners will not be comforted by the Minister’s claim that these powers will be temporary and will include a number of safeguards, including provision for appeal in respect of closure orders.”

“Because the fact is that this Bill will only serve to embed the completely unfair and downright shameful attempt to categorise publicans and business owners as irresponsible people and against whom the most exceptional and extraordinary powers must be enacted for our protection.”

“Minister McEntee also spoke about how this Bill was in keeping with the graduated policing response adopted to date, and that it will encourage better compliance with COVID-19 regulations by publicans and restaurateurs, in the interests of all of our society.”

“That is a window into the real thinking that is behind this Bill. The kind of thinking which can only further stigmatise publicans and restauranteurs.

Of course, there are also massive concerns with respect to the erosion of the sovereignty of the family home. In that context we urgently need to reconsider just what is going to be permitted under this Bill. We also have to question its necessity.

“My own experience as a TD for Laois Offaly is that such measures as are contained here are simply not necessary. We managed to bring down the transmission rate through a strong and effective community response aided by the state but without the kind of sledgehammer approach that is being adopted here.”

“This Bill totally ignores the possibility of doing likewise in other counties and indeed across the state. Why is that? We should be actively encouraging continued collaboration and a sense of community cohesion rather measures like those here today which will only alienate and divide people.”

“I want to finish by saying that up to now the people of this country in their homes and their businesses have been the real heroes of Covid 19. This Bill will make them the villains of the Covid story. We should avoid that at all costs and that is why I will be opposing this ill conceived Bill.”