I propose to take Questions Nos. 158 and 167 together.
As Minister for Transport, Tourism and Sport, I have responsibility for policy and overall funding in relation to public transport.
Public transport has been serving a vital role in transporting essential workers, getting people back to work, and enabling the re-opening of businesses. As re-opening continues, more people need to travel on public transport. S.I. No. 244 of 2020 (Health Act 1947 (Section 31A - Temporary Restrictions) (COVID-19) (Face Coverings on Public Transport) Regulations 2020) was introduced on Friday 10 July and came into effect on Monday 13 July. The new Regulations require passengers, with some exceptions, to wear face coverings. This gives additional protection to both passengers and transport staff.
Public health advice tells us that face coverings are an important safety measure, especially in interior spaces, but that they not suitable for every individual. Recognising this, the new Regulations do not apply to children under the age of 13. Reflecting public health advice, the Regulations also allow that wearing a face covering is not required where a person has a “reasonable excuse”, and this includes where a person -
- cannot put on, wear or remove a face covering because of any physical or mental illness, impairment or disability or without severe distress,
- needs to communicate with another person who has difficulties communicating,
- removes the face covering to provide emergency assistance or to provide care or assistance to a vulnerable person, or
- removes the face covering to take medication.
The NTA is engaging with public transport operators regarding implementation of the Regulations. The NTA is also making arrangements for an easy and discreet way for vulnerable people who have a reasonable excuse for not wearing a face covering to communicate this with relevant public transport staff.
The Regulations are implementable by a “relevant person” who is defined as any officer, employee or agent of a public transport operator or of the NTA. A relevant person implementing the Regulations can seek the assistance of An Garda Síochána where needed.
Where a passenger is not wearing a face covering, a relevant person under the Regulations may:
- request the passenger to wear a face covering,
- refuse the passenger entry to the public transport vehicle, or
- request the passenger to alight from the vehicle.
Failure to comply is an offence and there are penalties (on summary conviction) for non-compliance.
Operators are already reporting high levels of compliance by passengers. I expect this to grow in the coming days as people understand the importance of protecting their fellow passengers and the staff of the public transport operators. It is not intended that enforcement or penalties will be needed often, but they are now available if necessary.
The Chief Medical Officer and the HSE are responsible for the issuing of guidelines in relation to public health and the public health advices apply across all modes of public transport. Guidance on the wearing of face coverings, including on public transport, is available on the HSE website. The NTA is working with public transport operators (both public and private) who are implementing public health advice in relation to issues such as cleaning regimes and social distancing measures designed to limit the risk of spreading Covid-19.
In addition, The 'Return to Work Safely Protocol' which was published on 9 May 2020 sets out the steps and processes employers and workers must take to mitigate the spread of Covid-19 in the workplace. The Protocol is a living document which will evolve with changing Public Health advice.
