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THE ORGANIZATION OF AN EVENT in a private home in contravention of the Covid-19 government regulation will entail the imposition of a fine of € 500.
A new legal instrument signed by Health Minister Stephen Donnelly will make the fines go into effect four weeks after the bill that establishes them became law.
According to the new notifications of fixed sanctions, attending an event in a private home in contravention of the regulations can lead to a fine of € 150.
A person who violates travel regulations can be fined € 100, while not wearing a face shield on public transport or at certain points of sale can carry a fine of € 80.
Last month, the prospect of a graduated penalty system was discussed for the first time.
The Taoiseach said at the time that the government’s priority was “working with the people to achieve compliance without having to rely on those measures.”
However, Micheál Martin and Justice Minister Helen McEntee recently met with Garda Commissioner Drew Harris to discuss enforcement measures during the pandemic.
In a statement tonight, the Department of Health and the Department of Justice said the only enforcement power previously available when people violated regulations under the Health Act of 1947 was a ‘Penal Provision’, which carried a maximum penalty of up to € 2,500 and / or 6 months in prison, by court ruling.
“The Government decided that a more flexible and proportionate system of sanctions was required for crimes and infractions of the regulations,” he said.
Legalization has five categories of enforcement, as follows:
- Non-criminal: they are for measures that are included in the regulation as not allowed, but that do not carry any sanction.
- Criminal: if a person is prosecuted in court for a crime, the maximum fines or the prison sentence decided by the judge, according to the new system of staggered sentences, depends on whether it is a first, second, third or subsequent crime .
- Relevant provision: This allows licensed facilities to be closed for the day or longer in the event of further violations.
- Fixed Penalty Provisions: For certain offenses, the gardaí has the option of giving a person a fixed payment notice.
Fixed penalty notices are listed below:
A person can pay the fixed payment notice within 28 days to avoid prosecution. But failure to pay in the specified time means that the person can be prosecuted.
A few months ago, the government signaled that it wanted the gardaí to be given powers to disrupt and prevent parties at home.
The Gardaí was given additional powers to order people to leave the vicinity of a home if they have a reasonable suspicion that an event is taking place that contravenes the regulations.
Gardaí can also instruct the occupant to request people to leave and may require the occupant to provide their name.
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However, they do not have powers to enter a house or home under these provisions, but can assist at the main entrance.
A person who does not comply with an order of the gardaí in relation to a fact that contravenes the regulations may face a summary sentence to a fine not exceeding € 1,000 or a custodial sentence for a period not exceeding one month or both.
The Irish Council for Civil Liberties has raised concerns about a move towards greater enforcement during the pandemic.
While the ICCL supports the public health effort and accepts that some restrictions on citizens’ rights are necessary, it has called on the government to use these powers in a way “that complies with Ireland’s legal human rights obligations.”
“This means that all decisions taken to restrict our rights must be clearly necessary, as minimal as possible to protect public health and must be made in a democratically sound way, with transparency, consultation and clear communication with the public,” he says. .
The government statement says the new regulations will be in effect for the duration of the pandemic. He said the Gardaí will continue to use the police through engagement, education, encouragement and “enforcement as a last resort.”
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