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Covid-19 Pandemic

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Ceisteanna (1178, 1308)

Éamon Ó Cuív

Ceist:

1178. Deputy Éamon Ó Cuív asked the Minister for Health if there is a legal obligation on persons to wear face coverings when entering retail businesses; if not, his plans to introduce such an obligation; if so, the proposed penalties for same; and if he will make a statement on the matter. [32535/20]

Amharc ar fhreagra

Francis Noel Duffy

Ceist:

1308. Deputy Francis Noel Duffy asked the Minister for Health if persons exempt from wearing a mask need a general practitioner letter when entering various shops or on public transport; if he has considered issuing a card pass for those exempt; and if he will make a statement on the matter. [33053/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1178 and 1308 together.

The public health advice relating to Covid-19, including that relating to face coverings, is kept under continuing review by the National Public Health Emergency Team (NPHET).

A person, without reasonable excuse, must now wear a face covering when using public transport, in retail outlets, shops and shopping centres, in other indoor spaces such as libraries, cinemas and cinema complexes, theatres, concert halls, bingo halls, museums, businesses carrying out cosmetic nail care or nail styling, hair care or hair styling, tattoo and piercing services, travel agents and tour operators, laundries and dry cleaners and licensed bookmakers.

The relevant Regulations are

- Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (Face Coverings on Public Transport) Regulations 2020 (S.I. No. 405/2020)

- Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (Face Coverings in certain premises and businesses) Regulations 2020 (S.I No. 404/2020)

The public transport Regulations (Statutory Instrument SI No 405 of 202) provide that a “relevant person”, defined as an officer, employee or agent of a public transport operator or of the National Transport Authority, who is responsible for the implementation of the Regulations and it is, therefore, a matter for the public transport operators and the National Transport Authority to make arrangements for what they consider necessary to ensure that such “relevant persons” are satisfied with the information provided by any individual who is using a public transport service.

The retail and other business Regulations (Statutory Instrument SI No. 404 of 2020) provide that it is a matter for the occupier, manager or person in charge to take all reasonable steps to engage with persons entering or in a relevant premises to inform them of the requirements to wear a face covering and to promote compliance with the requirement.

A reasonable excuse includes when a person cannot put on, wear or remove a face covering because of a physical or mental illness, impairment or disability or without severe distress; to communicate with a person who has difficulties communicating; to provide emergency help or care to a vulnerable person; to avoid harm or injury or to take medication. In addition, in retail outlets, it is also permitted to remove the face covering to allow for identification when the sales of goods or services have a minimum age requirement, or to assist in the provision of healthcare or healthcare advice.

The Deputy may wish to note that the requirement to wear a face covering, in the situations described, is a penal provision for the purposes of section 31A of the Health Act 1947 (No. 28 of 1947). While enforcement is a matter for An Garda Síochána, there is also an onus on businesses to make customers aware of the regulations and encourage compliance with them where appropriate.

The current face covering advice is available

- https://www2.hse.ie/conditions/coronavirus/face-masks-disposable-gloves.html

- http://www.gov.ie/facecoverings

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