Fianna Fáil TD explains decision to axe plans to allow gardaí break up house parties

North Kildare TD James Lawless. Picture: Eamonn Farrell/RollingNews.ie

Fianna Fáil TD and barrister James Lawless has explained the Cabinet's 11th-hour decision to scrap plans to allow gardaí crack down on house parties.

A proposal was put to Cabinet that would've made it a criminal offence to have more than six people in a home, but this would be difficult to enforce due to a provision in the Constitution, Mr Lawless outlined.

"There's a provision in the Constitution called the Inviability of the Dwelling which basically means a garda can't kick down your door in the same way that perhaps they could kick the door of a business or a pub or a shed in the middle of nowhere," he said.

"They can't come into the dwelling house legally so if they are going to do that they need extra checks and balances. They rolled back from that last night, I think there was a civil liberty concern."

There is concern in the Government over an increase in clusters of Covid-19 in private homes.

However, Stephen Donnelly's plan to penalise those caught having seven or more people in their homes was axed amid concerns they were “too heavy-handed”.