I thank Deputy Howlin for tabling this amendment. I will touch on a few points that have been raised but are obviously relevant to this. It has been suggested that this legislation is anti-publican and anti-rural Ireland. As the Minister who is bringing this forward and as somebody who has worked in a pub for almost a third of her life, most of the time in a rural pub, I can reassure Deputies that this is nothing of the sort. What I believe this does for those publicans whose premises are open at present and who ar…

To clarify, if we take the two lines separately - I think the Deputy accepts that the first line needs to be included - the purpose of giving a direction under section 31A(7) of the 1947 Act relates only to penal provisions. Under the overall Act, measures have been brought in that are law but are not penal provisions. Section 31A(7) is specific to penal provisions. In the second piece, the penal provisions related to the legislation before us provide for the Garda to be able to enforce either the closure for up to…

Under section 31A(7) of the Health Act, which outlines the penal provisions, a garda can direct a person to comply with any penal regulations. That is already included in the Health Act, which is mentioned in the first sentence. Where the Bill refers to a direction, specific to the implementation of the closing of a pub, that is very specific to the penal provisions that will be connected by the Minister for Health when the Bill is enacted. It is not changing or adding anything. It is just making very clear that a …

When we refer to "or otherwise", it is only with regard to section 31A(7) of the Health Act 1947. The penal provisions have been signed into law and have been published by the Department of Health. They are clear for people to see. The "or otherwise" cannot refer to anything outside of those specific penal provisions that have been approved and have come before the Dáil, which are now on the Department of Health's website for people to see. It is clear that it does not refer to anything else. Deputy Howlin talks ab…

Although I do not think it is the intention of Deputy Howlin, I point out that this amendment does not actually intend to provide for a right of appeal. The amendment seeks to include a provision in section 4, which the Deputy has rightly outlined deals with the immediate closure of a premises where the Garda determines there has been a serious breach of a Covid regulation despite previous Garda engagement with the premises to become compliant and it has not done so. Deputy Howlin's amendment seeks to state that th…

We are speaking about an immediate closure. This step would be taken following a failure to comply with Covid regulations. I will clarify that for the Deputy. The amendment addresses matters relating to criminal procedures and evidence, which is not what we are dealing with in this particular Bill. I am not sure we would want to set a precedent of setting out what a person could or could not raise as a defence either in a court procedure or where a licence is being renewed. It also suggests that if we were not to i…

What the Deputy is outlining, particularly in terms of subparagraphs (a) to (e), is what a defence can or cannot raise.

The matters proposed to be included are essentially matters that would form part of the State's proof in a criminal trial or hearing. This can be challenged by the defence and publicans or others in the usual way at a trial. That is already in place and it is applicable here. The Deputy suggests that by not including this the legislation could be unconstitutional. Constitutionally any person or publican who feels he or she has been wronged in terms of the immediate closure order that was presented, has a right to m…

No.

I think the Deputy may have misunderstood the intention of the section. This section is essentially providing for the power that will prescribe the regulations that will apply to this particular Bill. As it currently stands, this does not allow myself as Minister for Justice and Equality or the Minister for Health to do anything new or for the Minister for Health in particular to do anything new. Under the recently enacted section 31A of the Health Act 1947, the Minister for Health already has an ability to make Co…

The Deputy is correct in that there are regulations that are not specifically mentioned in the legislation. We are in very difficult and unusual times and things are changing, meaning new regulations must be made. We hope things will get better and that penal provisions can be removed. If we had to put every single proposed provision in legislation, it would mean that at every stage we would have to go through this type of process in order to introduce new legislation. This Bill enables me, as Minister and working …

I will speak specifically to the amendment because the pros and cons of the legislation and the reasons for it have been well debated. Deputy McNamara is proposing that the House, rather than me as Minister, will decide whether to roll over the measures. It is this House and the Seanad that will make that decision. He asked me whether we will do so on 9 November. He asked me what the Covid situation in this country will be on that date. I simply do not know. The fact is that none of us knows. This has been a very d…

I move: "That Second Stage be taken today."

I move: "That the Bill be now read a Second Time." The Bill I am proposing today is a short and relatively simple one, with a specific purpose in connection with licensed premises and certain private membership clubs. However, the importance of this Bill is much broader than that. The Covid-19 pandemic presents an unprecedented challenge to all of our society. The public health restrictions that have been in place since the outset of the pandemic have not been easy for anyone. The pandemic has impacted on all of ou…

One should have been sent around.

I thank Deputies for their contributions and for agreeing to waive pre-legislative scrutiny of the legislation. I accept that it is the second Bill I have brought forward in such circumstances but, as Deputies who are concerned about this have outlined, there is no committee structure currently in place and this legislation will only be in force until 9 November unless the House decides to extend it. That is a very limited timeframe and we are seeking to bring it into force quickly. We genuinely wish to thank Deput…

I have not seen them yet.

I thank Senators for inviting me here to speak today on what is a very important topic for them, and for me as Minister for Justice and Equality. The direct provision system has provided accommodation, food, healthcare and other essential needs for more than 65,000 people since its inception some 20 years ago. While it ensures their basic needs are met, the intervening years have taught us that people claiming international protection need much more than that. They need a holistic system, one that is responsive to …

I thank Senators for having this debate. I can hear and see their sincerity in making their points. I hope I have addressed some of their concerns in my opening contributions, but I also take on board the other issues they have raised. I had the pleasure some time ago, having just got back from a European Council meeting together with the then Taoiseach, Deputy Varadkar, of meeting a large group of people from among the hundreds who had arrived into Baldonnel from Syria. I had an opportunity to meet those families …

I move: "That the Bill be now read a Second Time." I am happy to present this Bill. It is the Government's intention to progress this Bill through all Stages and I look forward to engaging with Deputies in that regard. This important legislation constitutes the Government's response to the challenges posed to our courts and legal systems by the current pandemic. The Bill goes beyond the pandemic, however, and aims to make our legal processes more efficient and effective in future. I state confidently that this Bill…