John Lahart
Question:901. Deputy John Lahart asked the Minister for Justice the number of fines issued for the non-wearing of masks on public transport. [21284/20]
View answerTuesday, 8 September 2020
Questions (901)
Written answers
As the Deputy will be aware, the Garda powers in response to the Covid -19 pandemic were provided for under section 31A of the Health Act 1947, as inserted by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and brought temporarily into effect through subsequent regulations – the Health Act, 1947 (Section 31A – Temporary Restrictions) (Covid-19) Regulations 2020. The regulations were signed by the then Minister for Health, following consultation with my predecessor as Minister for Justice and Equality, Mr Charlie Flanagan TD, as well as the then Minister for Finance and for Public Expenditure and Reform.
On foot of this, the Garda Commissioner and his senior team have implemented a carefully graduated policing response, based on its strong tradition of policing by consent. Garda members engage, explain and encourage members of the public to comply and, only as a last resort, make use of their enforcement powers under these regulations.
With regard to the figures requested by the Deputy, I am informed by the Garda authorities that An Garda Síochána has consulted the Director of Public Prosecutions in relation to one incident. In addition, An Garda Síochána is currently preparing a file for the DPP in relation to a second incident. I am advised that these figures are correct as of 3 September 2020.
I am advised that no proceedings have been commenced and no fines have issued to date.
In order to ensure that the policing of these public health restrictions is carried out in an appropriate, proportionate and human rights compliant manner, the Policing Authority have been requested to review the policing performance of an Garda Síochána and to provide reports to myself as Minister. These reports are published on my Department's website.