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People who host house parties in contravention of Covid-19 guidelines could be liable for damages if an attendee is later found to be carrying the virus, a prominent lawyer said.
Current public health guidelines limit gatherings in private homes to no more than six visitors from three other homes. Sanctions have been proposed in a bid to ensure greater compliance with the guidelines and curb the rise in coronavirus cases.
On Friday, the cabinet decided to make holding a meeting of more than six people a “civil offense” rather than a criminal one, which the gardaí would have no role in policing.
Speaking on Sunday, attorney Tony McGillicuddy said section 43 of the 1947 Health Act outlines how homeowners could be held liable for damages in the event that an aide on their property is found to carry the virus.
“If there are requirements for a person to take certain precautions to avoid Covid or other infectious diseases, and if they do not, and if a person who has been at home becomes infected with Covid, that person who has attended as a guest of their house could sue them for damages, “he said on RTÉ Radio 1’s This Week program.
“It would be presumed by law that they contracted the infection from attending the home unless the homeowner could prove otherwise.
“You could have a situation where the government says that we are not going to impose a criminal penalty, but if you invite more than six people to your house for one night, and if one of them later discovers that they have Covid, they could sue you.
“I think that if members of the public knew that that legal presumption could work against them in such a scenario, that could have its own coercive effect on organizing meetings at home.”
Antoinette Cunningham, general secretary of the Garda Association of Sergeants and Inspectors (AGSI), said the Garda would not be able to police house parties.
“Any attempt to introduce a law for the Gardaí to enter private housing is fraught with difficulties,” he said. “We don’t see how our members can implement it in practice. We have no right to enter a person’s private home.
“Public comments from people like the government or legislators who say these laws can be introduced are unrealistic for Garda members, but they never think about the bottom line, which is how they are going to be enforced in practice.” .
In relation to further enforcement of pub restrictions, Ms Cunningham asked the Government to carefully consider any new laws.
“If there is a proposal to introduce new legislation, could the Government think about the enforcement part of that?” He said. “Winter is coming. We know on a television show that the meaning behind that phrase was constant warnings and vigilance that was needed.
“We don’t live in a climate where it is practical to dine outdoors in winter, so that’s going to move people indoors. Will you create difficulties in relation to social distancing? Will it mean bigger crowds inside the pubs?
“The government should look at the legislation it introduced and see if it is applicable, if it is practical and if it is serving society well, and if not, it should consider revising it.”
The government is expected to bring more legislation on the matter before the Dáil next week.
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