Joint Statement from Department of Health and Department of Justice on New Enforcement Measures

Since the onset of this pandemic, the Government has introduced a range of public health measures to help keep people safe and to reduce the spread of COVID-19.

The vast majority of Irish people have followed the guidance and advice. Unfortunately, there is a small cohort of people who are ignoring the advice, ignoring the guidance, and putting themselves and others at risk.

Their activities can be dangerous from a COVID-19 perspective, and can put their communities at risk.

The only enforcement power available previously when people violated regulations under the 1947 Health Act was a ‘Penal Provision’. Under a penal provision, the maximum penalty was a fine of up to €2,500 and/or 6 months in prison, on conviction in court by a judge.

The Government decided that a more flexible and proportionate system of sanctions was required for offences and breaches of the regulations.

It is in that context that Cabinet agreed on October 20th, 2020 to revise, refine and update the system of sanctions by providing for fixed penalty notices and a system of tiered penalties as well as giving the Gardaí additional powers to deal with events in private dwellings.

Legislation to do so, the Health (Amendment) Bill 2020, which amended the Health Act 1947, was signed into law by the President on October 25th, 2020.

This allowed for five categories of enforcement, as follows:

1. Non-penal – These are for measures which are included in the regulations as not allowed, but which carry no penalty.

2. Penal – If a person is prosecuted in court for an offence, the maximum fines or prison sentence decided by the judge, under the new system of tiered penalties, depends on whether it is for a first, second or third or subsequent offence.

3. Relevant Provision – This allows for licensed premises to be shut for the day, or for longer in the case of further offences.

4. Fixed penalty provisions – For certain offences, the Garda has the option of giving a person a fixed payment notice. The person can pay the fixed payment notice within 28 days to avoid prosecution. Non-payment in the specified time means the person can be prosecuted.

5.Dwelling event provisions – Gardaí have additional powers to direct people to leave the vicinity of a dwelling if they have a reasonable suspicion that an event in contravention of regulations is going on. Gardaí may also direct the occupier to require and cause all persons at such an event, other than residents of the dwelling, to leave and can require the occupier to provide his or her name. Gardaí do not have powers to enter a dwelling under these provisions but can attend at the main entrance. A person who does not comply with a direction from An Garda Síochána in relation to an event in contravention of a dwelling event provision shall be liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding one month or both.

The Department of Health has worked in conjunction with the Department of Justice to draw up regulations under this new legislation. Relevant Ministers including the Minister for Enterprise, Trade and Employment, the Minister for Transport, the Minister for Finance, and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media were consulted on the regulations before the Minister for Health signed them into law through a Statutory Instrument.

An Garda Síochána will now roll out the introduction of enforcement on these measures. Now that the wording of the Regulations has been finalised, the necessary adjustments to the relevant systems can be made over the coming week to allow the fixed penalty system accommodate these additional offences.

These regulations will be in place for the duration of the COVID-19 pandemic, and will be amended as required depending what level in the Resilience and Recovery 2020-2021: Plan for living with Covid-19 framework applies nationwide/on a regional basis.

An Garda Síochána will continue to use the 4 Es of engage, educate and encourage, with enforcement as a last resort.

View the Statutory Instruments relating to COVID-19 here

Offences

• Premises in which face coverings must be worn include:

1. Shopping centres

2. Libraries

3. Cinemas and cinema complexes

4. Theatres

5. Concert halls

6. Bingo halls

7. Museums

8. Bus Stations

9. Rail Stations

10. Post offices

11. Credit unions

12. Banks

International Comparisons (valid as of 9 October)

State of Victoria, Australia

Penalties associated with emergency powers include:

• Refusing or failing to comply with the self-isolation direction for people diagnosed with COVID-19 and close contacts may result in a fine of $4,957.
• Refusing or failing to comply with a direction given under the Emergency Powers and Public Health Powers, without a reasonable excuse, could result in a fine of up to $1,652 for individuals and $9,913 for businesses.
• Failing to comply with the rules around face coverings may result in a fine of $200.
• If you receive a fine, you may choose to seek legal advice. You may have a defence if there was a reasonable reason for you being unable to follow the instruction.

Netherlands

• For 13-17-year-olds, being outside with 3 or more persons without keeping a distance from each other in the company of adult /older friends, the fine is €95; for 18s and over the fine is €390 (exceptions for under 13s or for 13-17 year olds with their contemporaries).
• The fine for not wearing a face mask in a designated area is 95 euro (after Dutch equivalent of reasonable steps taken).
• Exceptions for people in contact based roles (such as hairdressers, masseurs and driving instructors), athletes (both indoor and outdoor sports), actors and dancers.

England

• Regulations allow local authorities to close a premises, restrict entry, restrict people in the premises, prohibit events or types of events, close or restrict access to public outdoor places.
• May be enforced by a designated local authority officer or a police officer or a PCSO.
• Fixed Payment Notices of £100 for a first offence (reduced to £50 if paid within 14 days), doubling upon further offences up to a maximum of £3,200.
• People aged 18 or over can be fined £200 for the first offence, lowered to £100 if paid within 14 days; £400 for the second offence, then doubling for each further offence up to a maximum of £6,400.

Wales

• People aged 18 or over can be fined – rising from £60 to £120 to £1,920 for the sixth offence.
• Organising an unlicensed music event of more than 30 people is also a criminal offence. These are events that are not licensed or otherwise authorised under the Licensing Act 2003. A breach of this prohibition will be an offence punishable by conviction and an unlimited fine or, as an alternative to conviction, by a fixed penalty set at £10,000.

Scotland

• Social gathering in a private home where 16 or more people are present from more than one household, and not for specific permitted purposes such as work, the police have the power to enter that property, if the people have refused a request to stop the gathering.
• If they believe a person has broken these rules and they are 18 or over – or they refuse to follow instructions – a police officer may issue a fixed penalty notice for £60 (reduced to £30 if paid within 28 days); if a person has already received a fixed penalty notice, the amount will increase to £120 and double on each further repeat offence up to a maximum of £960.

Northern Ireland

• Justice Minister has been carrying out a review of the penalties. The plans would see NI’s fines comparable with other jurisdictions like England, where the minimum fixed penalty notice is £200.
• Currently, fines in NI range from £60 to £960 for repeat offenders. People in NI can also be fined £1,000 for failing to self-isolate - in England, the fine can be up to £10,000.
• Face coverings are compulsory on public transport and for customers in shops, but ministers are likely to look at extending the measure for staff in shops and other workplaces.
• They are also expected to explore the possibility of extending tighter local restrictions to the Newry, Mourne and Down Council area.

Denmark

• Fines for violations of restrictions on gatherings in private homes/gardens and assembling more than 50 people and not complying with the police order is DKK 2,500 for first-time offences, higher for repeated offences.
• Opening a business when not permitted, fine is generally DKK 10,000 up to DKK 30,000 for repeated infringements; non-compliance with conditions of operation is fine of DKK 3,000 up to DKK9,000 for repeat infringements. However, the fine depends on the size of the company.
• The fine for violating an order to be examined, admitted, isolated or treated due to infection or suspected infection with COVID-19 is set at DKK 3,500.
• Can refuse service to a customer who won’t wear a face covering; fine of DKK 2,500 for that customer if they do not leave having been requested; increased fines for repeat offences; same fines for not complying with request to leave public transport for not wearing a face covering with increased fines for repeat offences.
• Insufficient signage on businesses to wear face coverings range from DKK 3,000 to DKK9,000 (substantially more for larger operations); same for transport companies.

Israel

• Fines for individuals who break curfew/lockdown rules are set at NIS 500 ($145) and for businesses at NIS 5,000 ($1,450).

New Zealand

• Fines for not wearing face coverings on public transport of (instant fines $300 or up to $1000 if imposed through the courts).