Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Legislative Framework Underpinning the State's Response

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

I did not mean to digress. I thank the Deputy for responding.

Areas affected orders were provided for in the initial amending legislation. This enabled the Minister - I am paraphrasing because I do not have the legislation in front of me - to make an order declaring an area of the State to be an affected area if there was known or thought to be sustained human transmission of Covid-19 in that area. On 7 April, the Minister made a regulation in respect of the whole country. I refer to the amendment to the legislation. A subsequent section states that for the purposes of the subsequent section, but not the overall Act, a Minister could declare all or part of the State to be an affected area. This measure was not for Covid but, rather, for other notifiable diseases. The Minister made an order declaring that the State, being all areas and regions thereof, was an affected are and, on that basis, he could introduce various regulations restricting various activities. Is there an issue with declaring the entire State to be an affected area if there is no express provision for that in the section?

Second, and perhaps more important, is there a duty to review that regulation? On 7 April when the Minister made the order, it may have been thought that there was sustained human transmission in every area of the State, although when I asked Dr. Glynn about it, he did not really answer, but it was clear in mid-May that in some counties there had been no detection of Covid for a month. Is there a duty to review that order going forward or could one almost state that the whole country will be an affected area forever? That question is addressed primarily to Dr. Kenny, but if the representatives of the Law Society or the Bar of Ireland wish to come in, I would be happy to hear their views.

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