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28-03-2020, 09:02   #1
cobhguy28
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New Covid-19 restrictions.

Last night, we were told of new Covid-19 restrictions, however, Has the Minister actually made a new enforceable regulation under, the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020.

So are the new restrictions officially law or are they just advisory.
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28-03-2020, 10:23   #2
GM228
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Apparently new regulations made under the newly enacted Emergency Measures in the Public Interest (Covid-19) Act 2020 are with the AG to be checked for any legal anomaly and will be signed by the Minister today.
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28-03-2020, 11:09   #3
cobhguy28
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Apparently new regulations made under the newly enacted Emergency Measures in the Public Interest (Covid-19) Act 2020 are with the AG to be checked for any legal anomaly and will be signed by the Minister today.
I was searching earlier and couldn't find them, so until they are signed they technically don't come into effect.
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28-03-2020, 11:11   #4
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I was searching earlier and couldn't find them, so until they are signed they technically don't come into effect.
I think the fact that your already looking for a loop hole means your an idiot .

Just suck it up and stop being a millennial

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Take it easy, doughef. Stay off this forum for 24 hours

Last edited by nuac; 28-03-2020 at 14:22.
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28-03-2020, 11:25   #5
cobhguy28
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I think the fact that your already looking for a loop hole means your an idiot .

Just suck it up and stop being a millennial
You must be on the wrong site because this is a legal dissuasion web forum. I am not looking for loop holes,I am discussing a factual situation. Has this actually come into effect, where are the guidelines, what powers have the gardai been given to enforce this.
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28-03-2020, 11:35   #6
cobhguy28
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Apparently new regulations made under the newly enacted Emergency Measures in the Public Interest (Covid-19) Act 2020 are with the AG to be checked for any legal anomaly and will be signed by the Minister today.
I was looking at the Statutory Instruments Act, 1947 and S.3 is interesting,It says

"(b) the prosecutor does not prove that, at the date of the alleged contravention, notice of the making of the said statutory instrument had been published in the Iris Oifigiúil,

the charge shall be dismissed, unless the prosecutor satisfies the Court that at the said date reasonable steps had been taken for the purpose of bringing the purport of the said instrument to the notice of the public or of persons likely to be affected by it or of the defendant."

So the Tv speech last night would be enough to satisfy the reasonable steps to notify the public, without it been officially published in the Iris Oifigiúil,.
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28-03-2020, 11:53   #7
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Looks like idiots are testing this

https://twitter.com/GardaTraffic/sta...041472512?s=19
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28-03-2020, 17:37   #8
Queasy Tadpole
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Where is this in the statute book?

What are the penalties? I cannot find anything that is actual law.

Stopped by the Gardai I am under no legal obligation to tell them where I am coming from or going to?
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28-03-2020, 18:25   #9
Manach
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A two weeks restriction is not unreasonable and would protect the most vulnerable. However there is never a time not to question the legal basis of any emergency measure. I've recently finish a book on US SC cases, one of which had to do with WW2 internment and restrictions on travel. Whilst again agruments could be made for/against it, that it was hardly challenged at the time was in retrospect considered, from a legal point of view, an aberration.
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28-03-2020, 19:58   #10
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anybody have the full combined text of the legislation? The bill is mostly comprised of amendments to existing legislation which makes it very hard to follow.
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28-03-2020, 22:03   #11
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I heard on the news that the Garda Commissioner said they have no actual powers to enforce this, but he went on to make some vague statement that those who don't follow it will find the Gardaí have other powers to deal with this?

I agree with Manach that it is reasonable to critique these rules even if one fully intends to follow them. It does aggravate me a lot, however, that Simon Harris had the idiocy to say when questioned about restricting movement from Italy when the outbreak was getting quite severe there that freedom of movement was fundamental. Now none of us can even leave our houses.
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28-03-2020, 22:16   #12
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I heard on the news that the Garda Commissioner said they have no actual powers to enforce this, but he went on to make some vague statement that those who don't follow it will find the Gardaí have other powers to deal with this?
I assume they will tell you to go home and if you refuse find any reason under the sun to do you.


Nothing new there then.
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28-03-2020, 22:18   #13
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It does aggravate me a lot, however, that Simon Harris had the idiocy to say when questioned about restricting movement from Italy when the outbreak was getting quite severe there that freedom of movement was fundamental. Now none of us can even leave our houses.
Free movement of people, goods and services between EU member states is a fundamental part of EU membership. That had nothing to do with us leaving our homes.
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29-03-2020, 09:53   #14
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I was looking at the Statutory Instruments Act, 1947 and S.3 is interesting,It says

"(b) the prosecutor does not prove that, at the date of the alleged contravention, notice of the making of the said statutory instrument had been published in the Iris Oifigiúil,

the charge shall be dismissed, unless the prosecutor satisfies the Court that at the said date reasonable steps had been taken for the purpose of bringing the purport of the said instrument to the notice of the public or of persons likely to be affected by it or of the defendant."

So the Tv speech last night would be enough to satisfy the reasonable steps to notify the public, without it been officially published in the Iris Oifigiúil,.
Well, interesting question. Per post #2, regulations have been drafted and are currently with the AG's Department for review, after which they will be signed by the Minister. But none of this had happened when the Taoiseach give his speech.

Suppose the regs are signed on Sunday. On Monday I do something contrary to the regs. On Tuesday notice of the regulations is published in Irish Oifigiuil. On Wednesday I'm in court, charged with breaching the regs. (Justice is very quick in this scenario.) A key issue will be whether "reasonable steps had been taken for the purpose of bringing the purport of the said instrument" to my notice. Can the Taoiseac;'s TV speech count?

I would say not. At the time he gave the speech, there was no statutory instrument. It hadn't even been drafted. So he couldn't possibly have explained its effect. I would think "reasonable steps" could only be taken once the instrument had been prepared, and arguably once it had been made. So they could have published a notice in the daily papers on Monday, for instance, summarising the effect of the regulations and, in particular, the acts which it forbids or penalises - that would suffice. But they can't point to statement of policy intention made before there were any regulations whose purport could be explained.

Obviously, until the Minister actually signs them, there aren't any regulations in force, so nothing for the guards to enforce, and any attempt at a prosecution for anything done before the regs are actually made must fail.

But, suppose the regs are signed, and suppose reg 1 says, in effect, "these regulations enter into force immediately on signature". They will be published in Irish Oifigiuil at the first opportunity. IO comes out twice a week, on Tuesday and Friday.

Right. The regs are signed on Sunday. On Monday I do something in breach of the regs. On Tuesday the regs are published in in IO. On Wednesday I'm in court, charged with breaching the regs. (Justice is very quick in this scenario.)
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29-03-2020, 17:21   #15
cobhguy28
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An article in the Sunday Business Post, says that the new regulations were signed by the Minister last night. However no sign of them being available to actually read, to know exactly what they are. The official publication of legislation, according to http://www.irisoifigiuil.ie/ happens on a Tuesday and Thursday.

Last edited by cobhguy28; 29-03-2020 at 17:26.
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