Gardaí told new fines on mask-wearing a 'last resort'

Gardaí have new powers to issue fines to members of the public for failing to wear a mask. Picture: Collins Photos

Frontline gardaí have been told the power to issue a fine to a person for failing to wear a mask should be a “last resort”.

The new power came into effect on Monday and makes the existing offence of not wearing a face covering on public transport or in certain premises a Fixed Payment Notice offence.

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This will allow gardaí issue an €80 fine to a person, which, like other fines, will be sent through the post.

As reported in the Irish Examiner on Monday, regulations regarding house party fines have not yet been implemented by gardaí amid legal and practical issues.

Information issued to gardaí informed them that, as of Monday, mask-related offences were now Fixed Payment Notice offences.

Referring to the fines on house parties, it said: “Work is ongoing in respect of the other Fixed Payment Notice Offences and in the interim breaches of those regulations should continue to be sent to the DPP.” 

It said people must wear a face covering on public transport and in certain premises unless they have a reasonable excuse, such as a physical or mental illness or impairment.

It said the regulations did not apply to children under the age of 13.

Before considering fines, gardaí had to ensure steps had been taken:

• Establish if the relevant person (bus driver or shop owner) has given a direction or asked the person concerned to comply with the regulations;
• Record the name of that relevant person and what exact requirement they made of the suspect offender;
• Begin the 4 Es (Engage, Explain, Encourage and Enforce) with the individual and clearly explain that at this point they are committing an offence, and give them an opportunity to come into compliance with the relevant person's request;
• Then give the suspect offender a direction to come into compliance; 
• If the person still refuses, the garda may consider that the offence has been committed and demand the individual's name and address 

Gardaí are told they can arrest without warrant an individual who doesn’t give their name and address, or who gives a false or misleading name and address.

“If the individual does not comply with your directions on the wearing of face coverings on public transport or in certain premises, then as a last resort you may issue a Fixed Payment Notice,” the information note said.

“The issuing of these Fixed Payment Notices will be at the discretion of the individual member."