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• 1. Agriculture and Fishing
• 2. Manufacturing
• 3. Repair and installation of Machinery and Equipment
• 4. Electricity, Gas and Water
• 5. Construction
• 6. Wholesale and Retail Trade
• 7. Transport Storage and Communication
• 8. Accommodation and Food Services

• 9. Information and Communications
• 10. Financial and legal activities
• 11. Professional, Scientific and Technical activities
• 12. Rental and Leasing Activities
• 13. Administrative and Support Services
• 14. Public Administration and Defence
• 15. Human health and social work activities
• 16. Community/Voluntary Services

The government has decided that everyone should stay at home until 12 April 2020, except for the following situations:

• to travel to and from work, or for purposes of work, only where the work is an essential health, social care or other essential service and cannot be done from home
• to shop for essential food, beverage and household goods or collect a meal
• to attend medical appointments and collect medicines and other health products
• for vital family reasons, such as providing care to children, elderly or vulnerable people
• to take brief individual physical exercise within 2 kilometres of your home, which may include children from your household, as long as you adhere to strict 2 metre physical distancing
• for farming purposes, that is food production or care of animals

As stated in previous guidance, all employees should work remotely from home if at all possible.
The purpose of this document is to provide guidance to employers and employees as to what constitutes an essential service where workers cannot work from home and have no option but to travel to work.
In addition, workers in the categories of essential services set out in the attached appendix are permitted to travel to work, subject to compliance with the guidance below.
If you carry out an activity that is necessary for the continued provision of an essential service by another organisation or you are part of an essential supply chain, you should continue to carry out that activity. To the maximum extent possible, that should be done remotely.
The government also recognises that many companies in Ireland are critical to global supply chains that are responding to the COVID-19 crisis, and many companies also perform critical global roles in other aspects of medicine, as well as security, cyber, cloud and data centre infrastructure. It is intended that these essential global roles are encompassed within this national guidance.
What employers should do

• refer to this guidance to decide whether your organisation is providing an essential service; it is not necessary to seek official authorisation
• if you are providing an essential service, you should identify those employees (including sub-contractors and so on) who are essential to the provision of that service and notify them. This can be done by category of employee or by individual; it could include all employees of the organisation
• if you are providing an essential service, latest public health guidance should be followed at all times

What employees should do

• if your employer notifies you that you are an essential employee, or that you belong to a category of essential employees, you are permitted to travel to and from work
• when travelling to and from work, you should at all times bring with you either a work identification or a letter from your employer indicating that you are an essential employee, as well as one other form of identification
• If you are self-employed, a farmer or agricultural worker, or a member of the clergy, you should carry one form of identification with you at all times

If you are a volunteer who is working as part of the national community response, you are permitted to travel for that purpose, for example, if you are delivering food, supplies or medicine to a person who is cocooned or vulnerable. The Local Government emergency response teams will co-ordinate that response at local level.
Business Continuity and ResilienceAll organisations who provide essential services should have business continuity and resilience plans in place. This should take account of the possibility that key workers or key facilities may be impacted by COVID-19.
Non Essential ServicesIf you are not engaged in the provision of essential services, then you are not permitted to travel to and from work until 12 April 2020.
There will be a grace period until 6pm on Monday 30 March for people who need to make necessary arrangements to wind down their activities in an orderly way. This should however be done in a way that minimises travel and personal interaction as much as possible.
In exceptional circumstances, it is accepted that some extra time will be needed for a wind down of activity, or necessary for a site to continue to operate at a reduced level of activity, for example in complex manufacturing processes or very large construction projects.
ReviewThis Guidance will be kept under ongoing review, and will be updated as required.
Services provided in the following areas are considered to be essential.
Agriculture and Fishing

• farmers
• farm labourers
• farm relief service workers
• others involved directly or indirectly in crop and animal production and related activities (including veterinary services), and workers involved in fishing

Manufacturing

• the manufacture of food and beverage products
• the manufacture of prepared animal feeds
• the manufacture of work-wear apparel or footwear
• the manufacture of pulp, paper and paperboard and wood
• the printing and reproduction of newspapers and other media services
• the manufacturing of coke and refined petroleum products
• the manufacturing of alumina; chemicals and chemical products
• the manufacture of pharmaceutical products and pharmaceutical preparations
• the manufacture of products necessary for the supply chain of essential services; computer, electronic and optical products including semi-conductors; electrical equipment, machinery and other equipment (including agricultural and forestry machinery); medical devices; and medical and dental equipment and supplies

Repair and installation of Machinery and Equipment

• the supply, repair and installation of machinery and equipment and industrial machinery and equipment for essential services

Electricity, Gas and Water

• electric power generation, transmission and distribution
• extraction and distribution of gas
• water collection, treatment and supply
• sewerage; waste collection, remediation activities and other waste management treatment and disposal activities

Construction

• essential health and related projects relevant to the COVID-19 crisis, and supplies necessary for such projects
• repair/construction of critical road and utility infrastructure
• delivery of emergency services to businesses and homes on an emergency call-out basis in areas such as electrical, plumbing, glazing and roofing

Wholesale and Retail Trade

• retail services in accordance with the separate “Updated Essential Retail Outlets” list
• wholesale and distribution services necessary for the sale of food, beverages, fuel, medicines, medical products and devices and essential household products; takeaways and food delivery services

Transport Storage and Communication

• land transport (for example, bus, rail and taxi services)
• road, rail, sea and air freight
• sea and air passenger services; ports and airports
• warehousing and support activities for transportation including cargo-handling; postal and courier activities; network control and critical maintenance (including roads); and safety related functions

Accommodation and Food Services

• hotels or similar providing essential accommodation (including homeless, direct provision and related services)
• food and beverage service activities in accordance with the separate essential retail outlets list or for supply to a business engaged in an essential service

Information and Communications

• the publishing of newspapers, journals and periodicals as well as video, television programme production, sound recording, radio and television broadcasting; wired and satellite and telecommunications activities; internet and cloud providers; data centres and related services

Financial and legal activities

• banking and financial services (including banks, credit unions and post offices)
• accountancy, legal and insurance services necessary to support essential services and vulnerable people

Professional, Scientific and Technical activities

• engineering, technical testing activities and analysis
• scientific research and development activities
• regulation, inspection and certification services necessary to support essential services

Rental and Leasing Activities

• rental and lease of cars
• light motor vehicles and trucks necessary to support the provision of essential services

Administrative and Support ServicesWhere necessary to support other essential services:

• employment placement and human resources associated with the recruitment and deployment of workers
• security activities to assist in the delivery of essential services and the securing of premises closed to the public
• cleaning of buildings and industrial cleaning activities; business support activities which are necessary to support essential services included on this list; payroll and payment services necessary for the operation of businesses; data processing, hosting and related activities

Public Administration and DefencePublic administration activities necessary to support essential services and provision of social protection benefits (including Civil Service and Local Government):

• An Garda Siochana, Garda Staff and the Garda Reserve
• public order, safety, fire service and ambulance activities
• the Defence Forces
• emergency call answering service to ensure administration of justice
• Prison services and Child Detention services
• cyber-security
• regulatory processes and certification required to ensure supply chains, food, medicine and general process safety
• operation of botanical gardens, parks, forests and nature reserves
• funeral services
• religious personnel
• office-holders and public representatives

Human health and social work activities

• hospital services
• paramedical and essential therapy activities
• public health activities (including all those deployed to contract tracing and COVID-19 testing services)
• laboratory services
• drug treatment and addiction services
• hospice services
• pharmacy services
• primary care, general and specialist medical practice activities provided by public and private providers
• emergency dental practice activities
• blood donation service
• residential care activities (including nursing care, mental health and substance abuse, elderly and persons with disabilities, children’s residential services)
• homecare home help and other community services
• social work and social care activities (including disability services, mental health, child protection and welfare, domestic, sexual and gender based violence, homeless services including outreach)
• ambulance/pre-hospital emergency care services
• minor injury units
• maternity services
• health, social work, environmental, food safety regulatory activities

Community/Voluntary Services

• community and voluntary workers, working in a publicly commissioned service, not otherwise included on the list, deployed to assist in the delivery of essential services
• volunteer services operating under the local authority emergency management framework in accordance with public health guidance

edit.

• 1. Essential retail outlets
• 2. Businesses that can only offer emergency call-out or delivery services
• 3. Physical distancing measures that must be adhered to

The National Public Health Emergency Team has recommended that all non-essential retail outlets will close to members of the public and all other retail outlets are to implement physical distancing.
To assist the public and business owners the following is an indicative list of what are considered essential retail outlets
Essential retail outlets1. Retail and wholesale sale of food, beverages and newspapers in non-specialised and specialised stores
2. Retail sale of household consumer products necessary to maintain the safety and sanitation of residences and businesses
3. Pharmacies/Chemists and retailers providing pharmaceuticals, pharmaceutical or dispensing services
4. Retail sale of selling medical and orthopaedic goods in specialised stores
5. Fuel stations and heating fuel providers
6. Retail sale of essential items for the health and welfare of animals, including animal feed and medicines, animal food, pet food and animal supplies including bedding
7. Laundries and Drycleaners
8. Banks, Post Offices and Credit Unions
9. Retail sale of safety supply stores (work clothes, Personal Protective Equipment, for example)
Businesses that can only offer emergency call-out or delivery servicesIt is recognised that there may be emergency needs arising in a number of areas, the following retailers who can offer an emergency call-out or delivery service can continue to operate on that basis ONLY:

• opticians/optometrists
• retailers involved in the repair of motor vehicles, motorcycles and bicycle repair and related facilities (tyre sales and repairs for example)
• hardware stores, builder’s merchants and stores that provide hardware products necessary for home and business maintenance, sanitation and farm equipment, supplies and tools essential for gardening/farming/agriculture
• retail sale of office products and services for individuals working from home and for businesses
• retailers providing electrical, IT and phone sales, repair and maintenance services for home

Physical distancing measures that must be adhered toEssential Retail Outlets must implement physical distancing measures:

• ensure adequate distancing between customers and shop assistants in line with public health guidelines
• only let people into the store in small groups and ensure spaces are not crowed
• manage queue control inside and outside the door to maintain necessary physical distance
• all Essential Retail Outlets are encouraged to provide online services where that is possible and appropriate to minimise footfall

EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) BILL 2020

• Amendments. Deputy Darragh O’Brien
  

 

1. Pg. 6, Part 1, Section 1, Line 24

To delete “such day as the Minister for Housing, Planning and Local Government may by order appoint” and replace with “March 30th 2020”.
 
This amendment removes the discretion from the Minister in setting the commencement date of these measures. It aims to give clarity and certainty that they will start from Monday March 30th after the President signs the law over the weekend.

1. Pg.8, Part 1, Section 4, After line 7,

To add in a new sub section
4.1.(c) Subject to a vote of approval by both Houses of the Oireachtas.
 
This amendment places the power to extend the measure in the hands of the Oireachtas after the three-month emergency lapses. The government’s proposal is that they can unilaterally decide to extend it effectively by-passing both houses of the Oireachtas. The significant powers contained in this bill should be proportionate, effective and subject to oversight and review. This amendment ensures that high level of oversight and ultimately approval by both Houses.

1. Pg.8, Part 1, Section 4, from Line 8,

To delete Section 4.2
 
As per the amendment above.
 
 
 
 

1. Pg.10, Part 2, Section 8, after line 2

To insert a new subsection
(3) For the sole purposes of section (8), tenancy under section (8) also applies to licensees as defined under the Residential Tenancies Act 2004.
 
This amendment extends the provisions of tenancy protections to Rent a Room schemes. It means that renters in the scheme cannot be evicted during the three month period bar for extreme anti-social behaviour. The normal situation will revert after the crisis as it is the principal private residence of the landlord. Any long term changes would undermine the attractiveness of the scheme.

1. Pg.10, Part 2, Section 8, after line 2

To insert a new sub section
Section 8. A
“All relevant payments for accommodation provided under section 13(d) of the Planning and Development (Housing) and Residential Tenancies Act 2016 shall be refunded within three months for the relevant period if the accommodation has been vacated by the licensee due to the suspension of Higher education activity due to Covid-19.”
 
This amendment places a statutory obligation on student accommodation provers to refund rent for this term of third level due to Covid-19 closures. Students should not have to pay for a service they do not get.

1. Pg.10, Part 2, Section 8, after line 2

To insert a new subsection
Section 8.B.
“All Housing Assistance top up payments shall be compensated by the Minister to Tenants affected by Covid-19”
 
The HAP top up payment is overstretching tenants. Given the vulnerable status of these tenants they require additional support for those impacted by Covid-19.  The state needs to step in to support these tenants.

1. Pg.10, Part 2, Section 8, after line 2

To insert a new sub section
Section 8.C.
“The Residential Tenancies Board shall issue a report assessing the effectiveness of the measures contained in Part 1 and Part 2 after a three-month period. Said report shall be laid before both Houses of the Oireachtas. The report shall cover

• Adherence to Part 1 and Part 2
• Complaints and disputes arising under Part 1 and Part 2
• Impact on rental unit supply
• Any other relevant matters

 
The proposals contained in this legislation require the goodwill and co-operation of all stakeholders if they are to protect tenants and secure the viability of the rental sector. The RTB has a central role to play in supervising its impact and the level of adherence to ensure no bad faith is shown. It can also draw lessons from the experience to apply to long term housing policy. This amendment mandates the RTB to report on these matters to the Oireachtas to help ensure full transparency over the legislation and informed future debate.
 
 

1. Pg.10, Part 2, Section 8, after line 2

To insert a new sub section
Section 8.D.
 “All fees under Section 137 of the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019 are suspended for a 12-month period effective from March 30th 2020.”
 
A large number of new properties have come back onto the rental market as a result of the AirBnB and other short term lettings collapse. This is a welcome development albeit it exposes the weakness in our current regulations. We need to attract more into long term renting to confront the crisis in the sector. We should also recognise the contribution of decent landlords to these protective measures. Suspending registration fees would be a measure to reduce costs and ease access to the long term rental sector.

1. Pg.10, Part 2, Section 8, after line 2

To insert a new sub section
Section 8.E.
 “The Minister shall publish regulations setting out payment break criteria for all mortgages under the Re-Building Ireland Home loan scheme .”
 
There have been serious concerns raised by Re-Building Ireland Home loan holders that the forbearance protections afford to mortgage holders with the main banks have not been extended to them. Given the scale and intensity of the crisis these homeowners should be fully protected within the umbrella of polices to help them keep their homes without severe financial or credit penalties. This amendment mandates the Minister to set out clear guidance to each Local Authority to help affected homeowners.

1. Pg.10, Part 2, Section 8, after line 2

To insert a new sub section
Section 8.F.
 “The Minister shall publish regulations setting out payment break criteria for all mortgages under Credit servicing firms as defined by the Consumer Protection (Regulation of Credit Servicing Firms) Act 2018.”
 
The main pillar banks have agreed set procedures to provide forbearance to mortgage holders in distress due to Covid-19. This amendment extends those provisions to all mortgage holders outside of those banks i.e Vulture funds etc. The definition is drawn from Michael McGrath’s Consumer Protection (Regulation of Credit Servicing Firms) Act 2018 that the government agreed with and was passed into law.

1. The Local Government Rates and Other Matters Act 2019 is amended by the insertion of the following after section 4:

“4A.- (1) In this section:
“relevant property” has the same meaning as it has in the Valuation Act 2001,
“emergency period” means the period beginning on 26 March 2020 and ending on 31 May 2020.
(2) Where a relevant property is occupied by a person engaged in a business and the business of that person has been adversely affected by Covid-19 to a significant extent, the emergency period shall not be reckonable in the calculation of the rate levied by a rating authority in the local financial year.
(3) When calculating the amount of the rate to be levied in accordance with the formula provided for in section 4(2) the rating authority shall deduct from the amount calculated as ordinarily payable a sum equivalent to that proportion of the rate attributable to the emergency period.
This amendment removes commercial rates for the emergency period.  The current government position is a deferral for two months which we believe is insufficient. This amendment builds on a separate bill FF published to introduce a complete moratorium on rates for affected businesses for up to 12 months that we hope the Dail can agree in the coming weeks as a measure to help business re-build. In the interim period this amendment will help to take pressure off business in the short term.

1. The Landlord and Tenant (Amendment) Act 1980 is amended by the insertion of the following after section 88:

89. (1) In this section:
“Act of 1980” means the Landlord and Tenant (Amendment) Act 1980
“emergency period” means the period beginning on 26 March 2020 and ending on 31 May 2020,
(2) A landlord shall not terminate or serve a notice of termination in relation to a lease or tenancy during the emergency period.
3) A tenant who, but for the operation of subsection (2), would not acquire any rights under Part II of the Act of 1980 shall not, by virtue of such operation, acquire such rights.
 
This amendment effectively extends the provisions we are extending to renter to businesses who are renting premises. It protects businesses from evictions during the emergency period. This is critical in protecting businesses and giving them a fighting chance to re-build once the crisis has passed.