Dáil Éireann Debate, Thursday - 6 May 2021
154. Deputy Róisín Shortall asked the Minister for Justice the number of breaches of home quarantine that were recorded in each week in March and April 2021; the number of fines levied in each week for breaches of home quarantine; and if she will make a statement on the matter. [23498/21]
View answerAs the Deputy will be aware, the Government's response to the COVID 19 pandemic is led by my colleague, the Minister for Health. The Minister for Health has made a number of public health regulations under the Health Act 1947 (as amended), including penal provisions which are designated as fixed charge offences.
An Garda Síochána receives information from the Department of Health on cases where compliance with a requirement to quarantine at home after arrival into the State could not be established. Checks are currently being conducted in a number of divisions on a pilot basis.
I am advised that up to 29 April 2021, there were a total of 16 confirmed breaches of mandatory quarantine at home. These offences proceed by way of charge/summons and related penalties follow a Court conviction, rather than issuing a fixed penalty notice.
There is no fixed charge offence of 'failing to abide by the mandatory home quarantine requirement' provided in the regulations made by the Minister for Health under the Health Act 1947 (as amended). Consequently, no fixed charge offence fines have been issued for 'failing to abide by the mandatory home quarantine requirement'.
However, Statutory Instrument 135 of 2021 provides, in Regulation 9(1), that a 'relevant traveller' (other than certain exempted categories) shall remain at their place of residence for 14 days after their arrival into the State and this is a penal provision under Section 31A of the Health Act 1947, as amended.
Any person under section 31A (6) who contravenes a penal provision of a Regulation made under this Act; or who obstructs, interferes or impedes a relevant person; or fails or refuses to give relevant information to a relevant person or gives information to a relevant person that, to the first-mentioned person's knowledge, is false or misleading in any material particular, shall be guilty of an offence.
Under section 31A (7) 'A member of the Garda Síochána who suspects, with reasonable cause, that a person is contravening or has contravened a provision of a regulation made under subsection (1) that is stated to be a penal provision, may, for the purposes of ensuring compliance with the regulation, direct the person to take such steps as the member considers necessary to comply with the provision."
Further, section 31A (8) makes it an offence for any person who, without lawful authority or reasonable excuse, fails to comply with a direction under subsection (7). Gardaí may arrest, without warrant, such a person and they are liable to, on summary conviction in Court for a first offence, a fine not in excess of €4,000, a term of imprisonment of up to one month or both. Further penalties apply on subsequent convictions.
For the Deputy's information, details regarding the current level of fixed charge penalties for breaches of the regulations in place issued by An Garda Síochána are published on the Garda website and they are available at the following link:
https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/covid-fines-9-4-21.png
