Joint Statement from Department of Health and Department of Justice on New Enforcement Measures
From Department of Health
Published on
Last updated on
From Department of Health
Published on
Last updated on
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.
Provision | Fixed Penalty Notice Provision | Penal Provision? (Tiered Penalties) | Dwelling Event Provision? | Relevant Provision? |
Organising an event outside a private dwelling in contravention of the Regulations | €500 | Yes | No | No |
Organising an event in a private dwelling in contravention of regulations | €500 | Yes | Yes | No |
Attending an event in a private dwelling in contravention of regulations | €150 | Yes | Yes | No |
Breaching travel regulations | €100 | Yes | No | No |
Not wearing a face covering on public transport | €80 | Yes | No | No |
Not wearing a face covering in certain retail outlets* | €80 | Yes | No | No |
Not wearing a face covering in Small Public Service Vehicles (SPSVs) | €80 | Yes | No | No |
People working in customer facing roles in premises where the principal activity is the sale of food or beverages for consumption on the premises not wearing face coverings | €80 | Yes | No | No |
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
State of Victoria, Australia
Penalties associated with emergency powers include:
Netherlands
England
Wales
Scotland
Northern Ireland
Denmark
Israel
New Zealand