Dáil Éireann Debate, Tuesday - 9 November 2021
682. Deputy Róisín Shortall asked the Minister for Health the steps being taken to ensure compliance with the Covid-19 regulations for pubs and restaurants; the number of compliance checks and enforcement actions taken to date; the number of staff deployed to ensure compliance; and if he will make a statement on the matter. [54642/21]
View answerThe 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 the 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 8 November 2021 shows that 12,747 compliance checks have been undertaken by the HSE. Of these compliance checks, 3,204 related to operators who had chosen not to provide indoor hospitality facilities, whilst a further 1,592 related to business which it transpired were either not trading or were not accessible at the time of the visit.
In total, to date 7,951 compliance checks have been completed in businesses offering indoor dining under these regulations. Of these 7,951 checks:
- 70% (5,555) were found to be in compliance;
- 4% (293) were found to be non-compliant;
- 26% (2,103) were found to require additional compliance measures.
In businesses where additional measures were found to be required, HSE designated COs 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 5 November 2021, the Health and Safety Authority (HSA) has undertaken 707 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;
- 15% of indoor operators required additional compliance measures;
- Enforcement action was taken in 2% of cases.
In addition to the above, preliminary figures for compliance checks done on Saturday 7 and Sunday 8 November indicate that there were approximately 45 checks completed.
The focus of the Compliance Checks is on supporting the relevant indoor operators to understand their responsibilities of ensuring only permitted persons who have provided a proof of immunity dine or drink indoors. Where additional measures or non-compliances were identified, appropriate follow up and engagement is being undertaken by the HSA’s COs.
The HSA has twelve COs who are all deployed in carrying out compliance checks during the week and at weekends. The HSA is looking to increase the number of Compliance Officers carry out compliance checks outside of normal working hours (After 18:00 PM Thursday & Fridays and on weekends Saturday & Sundays).
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).
