Talking Point: Markets flounder as abuse of COVID powers sets in

Failure to explain the reason for confusing rules, particularly for restaurant and cafes, is leading to justified anger, says Greg Barns

Last Salamanca Market, March 14. Picture: MATT THOMPSON

COVID has seen the executive arm of government in Tasmania all powerful. It has issued rules and guidelines in accordance with the advice of its public health officials. Politicians, like Premier Peter Gutwein, have followed the script and been mouthpieces for those public health officials.

But inconsistencies and a failure to explain the reason for confusing rules about business opening, particularly in the restaurant and cafe sector, is leading to justified frustration and anger on the part of an increasing number of people in the community.

Last week Hobart Mayor Anna Reynolds said she could not provide a date for the reopening of Salamanca Market. This market is a vital source of income for many micro businesses, and it also serves as a food market, selling fresh vegetables and fruits in particular. But while it remains shut, apparently another food market, the Hanging Garden, in allowed to reopen. Last Wednesday the Mercury reported that the Hanging Garden, a Mona venture, would run 9am-2pm from Wednesday to Saturday. There would be about 14 stallholders selling all manner of niche products. This will be the second such food market operating in the COVID climate. The other is the market open each Sunday in the Hobart downtown.

So why isn’t there some thought and action in relation to Salamanca Market? Surely it is not beyond the intellectual capacity of the Gutwein Government to work with the Hobart City Council and the Salamanca Market stallholders to devise a way of operating a slimmed-down version of the market each weekend? Why keep it closed but allow these other markets to open? It makes no sense and speaks of policy laziness on the part of government.

Hanging Garden grocer. Picture: LUKE BOWDEN

Then there is the dense thicket of rules which came into force last Monday allowing for limited opening of cafes and restaurants. Steve Old, CEO of the Tasmanian Hotels Association, is right when he complains about the inconsistency of the rules being applied. Old was on the money when he told the Sunday Tasmanian that “hiding behind the health bureaucracy was fine when we were in the crisis, but when we hear them talking about recovery, we need the Government to take back control”.

The rules concerning restaurants and cafes are illogical and could only have been rubber-stamped by the Government, having been written by officials in the Health Department. Here is an example. This is the “principle” for cafes and restaurants that have more than one room, which many these days do. Note the use of the word “principle” — does that mean it is a regulation, a rule or simply a guideline? In any event the principle states, “Each premises/single business may have no more than two separate dining areas of 10 seated patrons. Each setting where dining occurs must not have a density of seated patrons greater than one per 4 square metres. To seat 10 patrons the area itself must be a minimum of 40 square metres (one person per 4 square metre average applying). If the dining area is smaller than 40 square metres, a lower number of patrons will only be allowed.”

Let’s say you have a restaurant with upstairs and downstairs and that equates to four separate rooms. If one understands this poorly drafted “principle”, it means you can only use two of the rooms? Why? If you have four rooms that can’t accommodate 10 people and comply with social distancing why not use them and double your number of patrons?

Leaving aside the inevitable self-interest of lobbyists, because that is their job, Mr Old has a valid point. As have other business owners who are bewildered by the “principles” that apply to cafes and restaurants. One reason for this sense of anger and frustration is because, as the case with the racing industry that was arrogantly shut down by Mr Gutwein without any discussion, the Government has become used to authoritarianism. It does not feel the need to consult or to justify absurdly complex “principles” and instead issues threats about spot checks and fines for noncompliance.

And not only has it become used to its authoritarian ways but COVID laws are now being used to control society more broadly. As this columnist warned recently you always need to watch for abuse of emergency edicts and laws by government.

Here, as Amber Wilson reported in this newspaper on Friday, police used COVID powers to arrest a protester who was blocking logging near Mt Field. The protester and three supporters were charged with trespass and failing to comply with a direction of a police officer. But the protesters and supporters were also charged with “failure to comply with a direction from the Director of Public Health for non-essential travel beyond 30km of their homes.” That is a clear misuse of the COVID laws. The abuse of COVID powers has begun.

Hobart barrister Greg Barns SC has advised state and federal Liberal governments.