Uncertainty over Garda implementation of house party fines

Gardaí say legal and technical work may delay fines for house parties. File picture: Collins Photos

There is uncertainty regarding the implementation of long-awaited powers for gardaí to issue fines for house parties, it has emerged.

Gardaí are expected to give an update in the coming days on the fines system for non-wearing of face masks and organising or attending so-called dwelling events.

The Irish Examiner understands that while powers to impose fines for failing to wear masks on public transport or in certain retail premises are expected to start this week, the situation is less clear on the commencement of house party fines.

This is due to a number of reasons, including legal and technical work that gardaí say need to be completed, checked, and tested, as well as the “shifting sands” in relation to regulations on who can go into a family home.

Additionally, there is concern over how gardaí can identify whether people in a house comply with regulations.

Regulations on who can be in a family home are set to change this month, from the current situation in level 3, where members of an extended household can enter a family home to a situation, due on December 18, where members of two other families can do so.

This is then to revert back to a more restrictive regime after January 6.

The practical technical and administrative work for the new fines was due to have been completed by last week.

The Government published regulations on the fines on November 24, about a month after enacting speedy legislation.

Under the laws, people attending house parties in breach of Covid regulations can be fined €150. Those organising a house party, or a party outside a dwelling, face fines of €500.

While gardaí can go to the front door of a dwelling, they do not have the powers to enter; they depend on the owner to identify themselves.

Separately, anyone not wearing a face mask on public transport or inside certain premises can be hit with an €80 fine.

Taoiseach Micheál Martin also indicated he does not expect gardaí to be checking on family homes over Christmas to see who is there.

It is understood gardaí will look for direction from the DPP before issuing a fixed charge notice in relation to house parties.

Sources said this is because it is both a new and controversial offence that, for the first time, is policing activity within a person’s home, which enjoys constitutional protection.

Gardaí will issue fines for failure to wear masks, with sources saying this is because they have six months' familiarity with the law.

Gardaí do not expect many house party files to be going to the DPP, pointing out that only around 10 files for failing to wear face masks have gone to the DPP within the last six months.

While technical changes are being made to Garda IT systems, gardaí say that because there will be different regulations on who is allowed in a family home over the next month, it is going to be difficult to enforce.

There is also concern among members and supervisors tasked with implementing the shifting laws in relation to house parties.

“The goalposts keep changing," said a source. "There is a time lag between Government announcements, regulations, and the IT changes. Each [fixed charge notice] has to have legal standing. 

"If the courts find any flaw they will be all thrown out.”