C18

Prospective affecting provision: section inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 3, not commenced as of date of revision.

F88[38P. (1) A person shall be guilty of an offence where he or she—

(a) fails to comply with the requirement in section 38N(6) (b) to present himself or herself in accordance with that provision,

(b) fails to remain at the place where he or she presents himself or herself under section 38N(6)(c) or fails to comply with a direction given under that provision,

(c) resists being detained or brought to a designated facility, or both, under section 38N(8),

(d) while in a designated facility acts in a manner which endangers the life and health of any other person in the facility or acts with reckless disregard for the life and health of such a person,

(e) leaves a designated facility—

(i) subject to a permission granted to him or her under section 38Z(5) —

(I) for a purpose other than a purpose specified in, or accordance with, subsection (20) of section 38N, or

(II) for a purpose specified in that subsection, for a period longer than that which is strictly necessary for the purpose,

or

(ii) subject to section 38N(20), where he or she has been granted a permission under section 38Z(5) —

(I) for a purpose other than a purpose specified in the permission, or

(II) for a purpose specified in the permission, for a period longer than the period specified in the permission,

or

(f) refuses to take a RT-PCR test in contravention of the requirements of section 38N(23).

(2) A person shall be guilty of an offence where he or she, without reasonable excuse, fails—

(a) to comply with the requirement in section 38N(6) to pre-book a place in a designated facility prior to his or her arrival in the State as required by that provision, and

(b) in respect of an applicable traveller for whom he or she is a responsible adult, to pre-book a place in a designated facility for the traveller prior to the arrival in the State of that traveller as required by section 38N(6).

(3) A person shall be guilty of an offence where he or she—

(a) resists returning to a designated facility in accordance with section 38O,

(b) obstructs or interferes with the exercise of any power conferred on a relevant person, an approved person or a member of the Garda Síochána under section 38N, 38O or this section,

(c) in purported compliance with any requirement under section 38N, gives information to a relevant person, an approved person or a member of the Garda Síochána, as the case may be, that to the person’s knowledge is false or misleading in any material particular,

(d) prevents or attempts to prevent the detention of an applicable traveller under subsection (8) of section 38N or the bringing of the applicable traveller to a designated facility in accordance with that subsection, or

(e) assists an applicable traveller in leaving a designated facility—

(i) subject to a permission granted to the applicable traveller under section 38Z(5), for a purpose other than one specified in section 38N(20), or

(ii) subject to section 38N(20), where the applicable traveller has been granted a permission under section 38Z(5), for a purpose other than one specified in a permission under section 38Z(5).

(4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on summary conviction to a fine not exceeding €2,000 or to imprisonment for a term not exceeding one month, or both.

(5) Where a member of the Garda Síochána suspects, with reasonable cause, that a person—

(a) has contravened the requirement in section 38N(6)(b) to present himself or herself in accordance with that provision,

(b) while in a designated facility is acting or has acted in a manner which endangers the life and health of any other person in the facility or with reckless disregard for the life and health of such a person, or

(c) has left a designated facility—

(i) subject to a permission granted to him or her under section 38Z(5) —

(I) for a purpose other than a purpose specified in, or accordance with, subsection (20) of section 38N, or

(II) for a purpose specified in that subsection, for a period longer than that which is strictly necessary for the purpose,

or

(ii) subject to section 38N(20), where he or she has been granted a permission under section 38Z(5) —

(I) for a purpose other than a purpose specified in the permission, or

(II) for a purpose specified in the permission, for a period longer than the period specified in the permission,

the member may direct the person to cease the contravention, cease acting in such manner or to return to the designated facility immediately, as the case may be.

(6) Where a person has left a designated facility in a circumstance to which subsection (5) (c) applies, the member may give the direction referred to in subsection (5) in writing and leave it at the place of residence of the person, or any other place where the member has reasonable cause to believe the person is located.

(7) It shall be an offence for any person, without reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(8) (a) Where a member of the Garda Síochána suspects, with reasonable cause, a person of committing an offence under this section, the member may, without warrant, do one or more of the following:

(i) require the person to produce to the member his or her passport and travel documentation;

(ii) search the person’s baggage or vehicle and may, if he or she thinks fit, in relation to a vehicle which is being searched, require the person who for the time being is in control of such vehicle if moving, to bring it to a stop and when stopped to refrain from moving it, or if the vehicle is stopped, to refrain from moving it;

(iii) seize and retain any evidence of, or relating to, the suspected commission or attempted commission of an offence under this section.

(b) Nothing in this subsection shall operate to prejudice any power to search, or to seize or retain property, which may be exercised by a member of the Garda Síochána apart from this subsection.

(9) A member of the Garda Síochána who has reasonable grounds for believing that a person is committing or has committed an offence under this section may require the person to state his or her name and address.

(10) A person who fails or refuses to state his or her name and address in compliance with a requirement under subsection (9), or who, in purported compliance with such a requirement, states a name or address that is false or misleading, shall be guilty of an offence.

(11) (a) A member of the Garda Síochána may arrest without warrant any person whom the member has reasonable cause for believing has committed an offence under subsection (1) (a), (1) (c) or subsection (10).

(b) For the purpose of arresting a person in accordance with paragraph (a), a member of the Garda Síochána may enter (if need be, by use of reasonable force) and search any place (other than a dwelling) where the person is or where the member, with reasonable cause, suspects him or her to be.

(c) This subsection shall not affect the operation of any enactment or rule of law relating to powers of search or powers of arrest.

(12) A person guilty of an offence under this section (other than an offence under subsection (1), (2) or (3)) shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding one month or both.

(13) In this section—

"Covid-19 Passenger Locator Form" means—

(a) the form which is required to be completed in certain circumstances by certain persons on or before arrival in the State after having been in a state (within the meaning of section 38N), and

(b) which form or a form to the like effect made available by the Health Service Executive is set out in—

(i) the Health Act 1947 (Section 31A - Temporary Requirements) (Covid-19 Passenger Locator Form) Regulations 2021 ( S.I. No. 45 of 2021 ), or

(ii) any other Regulations made under this Act;

"place of residence" means—

(a) where a Covid-19 Passenger Locator Form was completed in respect of the applicable traveller, the place of residence (other than a designated facility) specified on the Covid-19 Passenger Locator Form, or

(b) where a Covid-19 Passenger Locator Form was completed in respect of the applicable traveller and the only place of residence specified was a designated facility or where no Covid-19 Passenger Locator Form was completed in respect of the applicable traveller—

(i) in relation to a person who is ordinarily resident in the State, the home in which the person ordinarily resides or if the person does not have a home, such other premises (other than a designated facility), if any, at which he or she is currently residing, whether on a permanent or temporary basis, or

(ii) in relation to a person who is not ordinarily resident in the State, the premises (other than a designated facility), in the State, if any, at which he or she is currently residing or intends to reside after arriving in the State, whether on a permanent or temporary basis;

"responsible adult" means, in relation to an applicable traveller who is a child, a person who—

(a) is 18 years of age or older,

(b) travels to the State with the applicable traveller, and

(c) is responsible, alone or jointly with another person, for that applicable traveller for all or part of the journey by which the applicable traveller arrives in the State.]