Government pull back from empowering Gardaí to raid 'house parties' 

It had been mooted that gardai could have the power to raid house parties and private gatherings.

Gardaí will not be empowered to raid house parties or private indoor gatherings under the latest proposed Covid-19 legislation, it is understood.

The Government had consulted the Attorney General about the controversial proposals but they are now to be omitted from the new bill, it has been suggested.

Wider powers to close pubs which fail to comply with public health regulations are to be granted to gardaí under the legislation which will be prioritised in the Dáil when it resumes on Wednesday.  

Opposition parties slammed the axed measure which would extend garda powers to reach into private homes and disperse private gatherings. 

Labour’s Brendan Howlin TD condemned the proposed measures as draconian and unenforceable and Sinn Féin TD Brian Stanley said: “We don’t want to turn the place into a police state.”  

On Monday, the Irish Examiner had reported warnings that empowering Gardaí to shutdown house parties or private indoor gatherings would be a legal nightmare.

The Department of Justice said that such proposals relate to a “very complex area of law” which could significantly impact Constitutional rights.

Such legislation would require “very careful and detailed consideration” the Department of Justice told this paper.

The Irish Council of Civil Liberties had been “very concerned” about expanding garda powers over private property from a “rights and constitutional” perspective, saying there would have to be very clear evidence that it was necessary and proportionate.

 

Legal experts previously told the  Irish Examiner that while the home is protected under the Constitution, that right can be circumscribed by law, including for reasons of the public good, such as public health.

Experts said that if such legislation was tightly focused on dealing with the Covid-19 epidemic and the threat to public health and had a “sunset clause”, expiring on a certain date, then it could be constitutional.

The Department of Justice told the Irish Examiner earlier this week: “The need for primary legislation to provide extra enforcement powers to An Garda Síochána and other statutory agencies is being urgently considered by the relevant Departments in consultation with the Office of the Attorney General and will be completed as soon as possible.”  

But it added: “This is a very complex area of law with potentially significant impacts on the Constitutional rights of individuals and will require very careful and detailed consideration.”