An tOrd Gnó - Order of Business
Dail Éireann — 2020-09-02
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Stephen Donnelly (FF), Wicklow

In response to Deputy Howlin's point, I note that the regulations make what is penal and what is not absolutely explicit. All the regulations are available online. The wording in the regulations states that "this is a penal provision". For example, I recently signed new regulations regarding gatherings in people's houses, weddings, sporting events and gatherings in theatres, cinemas, etc. None of those regulations includes the stipulation that it is a penal provision. In a very limited number of cases, including the three regulations associated with pubs, the regulation states that "this is a penal provision".
Under the Health Act 1947, there is a very blunt instrument which is not fit for purpose and which I am seeking to remedy. The 1947 Act only allows for a penal provision to carry a fine of up to €2,500 or up to six months' imprisonment. That is not fit for purpose for what we are trying to achieve with regard to Covid-19, and we are seeking to amend it with more appropriate penalties. However, the legislation before the House today is entirely within the remit of the Minister for Justice, and I will defer to her on all issues pertaining to that legislation, as I am sure the Deputies will understand. I can assure the House that there is full transparency, as there must always be, around what regulations are in force at a given time and which are penal provisions.

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Retrieved: 2026-08-14T04:48:31+00:00
Sitting date: 2020-09-02