Mixed garda reaction to fines plan for Covid-19 breaches

 Jim Mulligan, president, Garda Representative Association (GRA). which has given a guarded welcome to Government plans for a fines system for breaches of Covid-19 regulations. Picture: Don MacMonagle

The Garda Representative Association (GRA) has given a guarded welcome to Government plans for a fines system for breaches of Covid-19 regulations.

It has been reported that proposals could be brought before Cabinet within weeks, but this is not clear — nor is the timeframe for the actual introduction.

The Department of Health said that work on providing a system of tiered penalties for breaches of regulations made under Section 31A of the Health Act 1947 was underway and would “require detailed consideration and consultation”.

It is understood the Department of Justice will be consulted in the process and Garda HQ consulted directly by the Department of Health.

The Garda commissioner has already cautioned against additional “draconian” powers, such as a fines system for breaches, and pointed out that Britain, which has such a system, was not benefiting in terms of better health outcomes.

We strongly urge that An Garda Síochána are consulted in framing any new legislation

But the president of the

GRA

, the largest Garda staff organisation,

Jim Mulligan

said: “Introducing a system of fines could bring some clarity to this. But directions both to the public and to our members need to be crystal clear. And that includes explicit guidance about how any new powers should be implemented in practice.” 

Mr Mulligan added: “We strongly urge that An Garda Síochána are consulted in framing any new legislation but whatever the Government decides will become our members’ orders and we will follow them.” 

At the Policing Authority on September 30, Commissioner Harris strongly cautioned against fines.

He said police in the UK were able to issue on-the-spot fines, but said that, from the statistics, they didn’t seem to be “doing any better in terms of health outcomes".

He said this was “a health emergency” and that the Gardaí needed to be “very mindful” of its relationship with the public.

He said there were civil liberty concerns if you “go down the route or a more draconian, or authoritarian approach in terms of fixed penalty-type notices”.

Garda sources have stressed that the power to issue a fine is just the beginning of a process, and that a large percentage of recipients will simply not pay it, setting in train a court appearance some six to nine months later.