Dáil Éireann Debate, Tuesday - 2 November 2021
803. Deputy Alan Dillon asked the Minister for Health the number of inspections carried out the HSE and HSA Covid Compliance officers; the number of inspectors currently recruited per county; and if there are plans to increase enforcement particularly in view of this next wave of rising cases. [52089/21]
View answer804. Deputy Alan Dillon asked the Minister for Health if he will provide details of the fines issued or penalties that have been invoked under the Health Act 1947 (Operation of certain indoor premises) Regulations 2021 by county; and if he will make a statement on the matter. [52090/21]
View answer866. Deputy Pa Daly asked the Minister for Health the number of enforcement actions undertaken by the Health and Safety Authority or any other relevant body under the provisions of the Health Act 1947 within sections 31AE, 31AF, 31AG and 31 AH since the enactment of the Health (Amendment) (No. 2) Act 2021. [52274/21]
View answer905. Deputy Jennifer Carroll MacNeill asked the Minister for Health the number of inspections made in the hospitality sector to ensure proper implementation of EU Digital COVID Certificates as implementation of other necessary compliance measures for the safety of staff and patrons; and if he will make a statement on the matter. [52387/21]
View answer906. Deputy Jennifer Carroll MacNeill asked the Minister for Health the process a person should follow if they are concerned that a business is not in compliance with Covid-19 restrictions such as the checking of EU Digital COVID Certificates; and if he will make a statement on the matter. [52390/21]
View answerI propose to take Questions Nos. 803, 804, 866, 905 and 906 together.
The Health Service Executive (HSE) and the Health and Safety Authority (HSA) were both identified as relevant bodies under the Health Act 1947 (Sections 31AB and 31AD) (Covid-19) (Operation of certain indoor premises) Regulations 2021 and are collaborating closely in relation to compliance activity.
I have been advised by the HSE that, in relation to Indoor Dining Regulations and the expanded scope of premises under the Regulations, the HSE will ensure that Compliance Officers (COs) will be in place to conduct the necessary checks across the hospitality sector, including the night-time economy.
Over 300 HSE Environmental Health Officers are/were designated as COs under the Indoor Dining Regulations. This was to ensure COs were authorised and available in all counties.
The HSE is continuing to carry out COVID19 checks, using existing resources and on a risk prioritisation basis. Responsibility for compliance with this legislation rests in the first place with the business operator who must ensure that they are aware of their legal obligations and are fulfilling them. This includes the checking of EU Digital COVID Certificates across the hospitality sector before patrons enter business premises and verifying that the holder in each case is the person to whom the certificate refers. HSE designated officers have been continuing to support, educate and encourage businesses and the public in the achievement of compliance with this important public health intervention.
Where additional measures or non-compliances have been identified, appropriate follow up and engagement is undertaken by the HSE’s COs to ensure compliance.
Where persistent non-compliance is observed, formal enforcement action is initiated by the HSE. This has resulted to date in the serving of 2 Written Directions and 1 Compliance Notice by the HSE and the granting of 1 Emergency Cessation Order by the District Court The latter relates to a business operator in Galway.
HSE data available up to 29th October shows that 11,948 compliance checks have been undertaken by the HSE. Of these compliance checks, 26% related to operators who had chosen not to provide indoor hospitality facilities, whilst a further 12.7% related to business which it transpired were either not trading or were not accessible at the time of the visit.
In total, 7318 compliance checks have been completed in businesses offering indoor dining under these regulations.
Of these 7318 checks:
- 70% (5110) were found to be in compliance
- 3% (246) were found to be non-compliant.
The remainder 27% (1962) were found to require additional compliance measures. In businesses where additional measures were found to be required, HSE designated Compliance Officers continue to actively engage and follow-up with business operators to ensure full compliance.
I have been advised by my colleague, the Tánaiste and Minister for Enterprise, Trade and Employment that up to 29 October 2021, the Health and Safety Authority (HSA) has undertaken 634 Compliance Checks in businesses under the regulations.
Of the compliance checks completed:
- 96% of indoor operators were found to be in compliance.
- 4% of indoor operators were found to be in non-compliance.
- 14% of indoor operators required additional compliance measures.
Where a person has a concern that the requirements of the regulations are not being complied with, they may communicate this via the HSELive helpline on 1800 700 700 (7 days a week).
