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23-05-2020, 09:10   #76
Caquas
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We will be in legal limbo for another month with no legislature to pass emergency laws.

Micheál told Tubridy last night to expect a deal in early June. Then the parties have to consult their socially-distanced members. The Greens might have a leadership contest (ironic if Éamon is the only leader to face a leadership challenge!). The earliest we can have an elected government is 16 June but a lot can go wrong in the next few weeks. Then the new Taoiseach has to appoint 11 Senators. I expect scheduled August sittings of the Oireachtas, a first in our history.

We all laughed at that pub in Donegal delivering pints in clingfilm until the Gardai stepped in.
https://www.irishmirror.ie/news/iris...garda-22047697

Turns out the Gardai have no power to stop it.

Quote:
Pubs throughout the Republic will now be able to operate during the Covid-19 lockdown, subject to certain restrictions, because of a “lack of clarity” in the liquor licensing laws.
...

As long as drinks, including poured pints, are paid for on a licensed premises they can be delivered to customers.
Pubs can deliver pints to their customers again following legal advice via The Irish Times https://www.irishtimes.com/news/crime-and-law/pubs-can-deliver-pints-to-their-customers-again-following-legal-advice-1.4260451

What this really means is that we don’t have laws designed for this pandemic and we can’t pass laws because there’s no Seanad. Our lawmakers haven’t even elected a government.

If the Gardai can’t stop pubs delivering pints, how can they enforce 14 days house arrest for every visitor to our shores? One-third of visitors didn’t even bother filling in the form so that can be made obligatory but that’s just paper.

The list will get longer as we try to ease this lockdown. What law prevents a homewares store from opening when Woodies and B&Q are open? Golfers over 5 km. ?

Last edited by Caquas; 23-05-2020 at 09:16.
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26-05-2020, 01:16   #77
Peregrinus
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The fact that the regulations already made don't ban, e.g., home delivery of pints doesn't mean that there is no power for ministers to make regulations banning the home delivery of pints. The present parliamentary impasse doesn't mean that no laws can be passed; only that primary legislation can't be passed.
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26-05-2020, 07:55   #78
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I don't think there is any legislative desire to ban it anyway. It's no different to being delivered cooked food
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30-05-2020, 15:00   #79
Caquas
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Originally Posted by Peregrinus View Post
The fact that the regulations already made don't ban, e.g., home delivery of pints doesn't mean that there is no power for ministers to make regulations banning the home delivery of pints. The present parliamentary impasse doesn't mean that no laws can be passed; only that primary legislation can't be passed.
As negotiations for government formation are underway, I doubt the current Ministers will abuse their powers to make subsidiary regulations. They know that our courts have stepped in regularly to prevent such Ministerial abuses in the past. Not only will the courts stop Ministers making regulations which go beyond the scope of the primary legislation, the courts will stop the Oireachtas from delegating such powers to the Ministers i.e. when primary legislation expressly gave a Minister sweeping scope to make secondary legislation, the courts have quashed such regulations as unconstitutional (because we are a democracy and the Oireachtas has a monopoly on legislation).

Selling take-away pints is the least of it. Does any Minister imagine he/she, at the stroke of a pen, can force everyone entering this country to self-isolate? People are now obliged to fill in a form giving their address. That is a good example of the Minister for Justice fulfilling his responsibility to manage our border. But no Minister has the power to impose 14 days of isolation on a broad class of people (e.g. visitors to our shores). That's not just my opinion - no one seriously claims this Government has such powers, they just ignore the problem and hope it gets fixed soon.

Until we get an elected Taoiseach, Leo will be like the Wizard of Oz, busily turning the dials to project an image of omnipotence while hoping no one will draw back the curtain. He is safe for the moment because the media believe the parties will sort it out soon, which may work out but many's the slip...

Last edited by Caquas; 30-05-2020 at 15:18.
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30-05-2020, 19:24   #80
 
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It is mad seeing senior and Junior ministers who ceased been TDs 4 months ago in the dail carrying on business as usual, some of these Junior ministers didn't even stand for reelection.
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30-05-2020, 19:56   #81
Victor
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It is mad seeing senior and Junior ministers who ceased been TDs 4 months ago in the dail carrying on business as usual, some of these Junior ministers didn't even stand for reelection.
Well, nobody has decided to remove them and replace them.

Last edited by Victor; 30-05-2020 at 21:36.
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30-05-2020, 21:07   #82
Caquas
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Well, nobody has decide to remove them and replace them.
That is exactly my complaint. We elected a new Dail 16 weeks ago but they still haven't elected a Taoiseach so we're stuck with the crew we voted out.

We have never had such an interregnum and the Ministers who resigned in February are still leading us through an unprecedented crisis (when they're not hiding behind medical experts). The government were right to act quickly in March - what a pity they didn't shut down flights to northern Italy earlier - but this is the June Bank Holiday and they are making a pig's ear of relaxing the restrictions. Just look at our beaches this weekend. Hardware v. homeware, no Leaving Cert. , 14 days isolation after you take the airport bus to Cork or Galway (but not Belfast?). The Taoiseach has to leave the Dail chamber after two hours.

The Minister for Social Protection, who now represents no one, has just got the Dáil to approve (without a vote!) a Revised Estimate for the Department of Social Protection of over €28 billion. Ah shure, make it Thirty Billion, Regina, and I'll stand the next round when the Dail Bar re-opens!

Because it's all borrowed money - imagine the commotion if she realised her political career was over and had the honesty to ask our TDs to increase taxes or cut spending elsewhere to pay for this largesse! After all the hassle she had over some unpaid creditors, she'd have the pleasure of asking her opponents who they expected for pay for their generosity with public funds.

Last edited by Caquas; 30-05-2020 at 21:19.
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