Dáil debates

Wednesday, 13 May 2020

Covid-19 (Justice and Equality): Statements

 

6:50 pm

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I will share time equally with Deputies Murnane O'Connor and Brendan Smith. I do not intend to ask the Minister questions and expect an answer, I would prefer if he would listen to the points I make. Much of the time, when questions are asked it is hard to get the answer. If answers are required they can be provided subsequently in writing.

I also express my condolences to all the families of those who have died through this horrific pandemic. I also commend members of An Garda Síochána, the Prison Service and other civil servants working in the justice sphere on the strenuous efforts they have made to steer us through this very difficult time. Last week, I spoke of the highly negative impact the ongoing lockdown was having on the lives of our children and young people. This afternoon, I make a similar point, conscious that while Deputy Flanagan is the Minister for justice, he is also the Minister for equality. There are important issues in respect of intergenerational equality that need to be addressed in this debate.

Last week, I made the point that everyone recognised in March that it was absolutely essential that we have the lockdown to protect our intensive care units, hospitals and citizens from the surges we saw occurring in Italy and subsequently in Spain. Now, however, we are in the fortunate position where the number of cases, of deaths and people in intensive care are in decline. Up to now, all our decisions have been made on the exclusive basis of public health requirements. Public health should still predominate but I ask the Minister to bring back to the Cabinet other factors which must also be taken into consideration when deciding how we progress out of the lockdown. It is important to note that NPHET has placed great, indeed sole, emphasis on health issues but it is the Cabinet which is responsible for providing a direction for this country to lead us out of the lockdown. We cannot have a situation where executive governmental responsibility is subcontracted out to NPHET.

I am pleased that, last week, a number of other individuals spoke about the very negative social, personal, educational and economic consequences the lockdown is having on children and young people. We need to recognise the responsibility we have to ensure the impact on them is not long-term and irreversible. All our decisions must take account of the fact that children and young people have very special requirements that need to be given attention by this House.

I was very pleased to hear today that the Health Information and Quality Authority, HIQA, has produced a report stating that children are not substantially contributing to the spread of the virus in schools or homes. Let us work off that to ensure we can reinstate greater normality into their lives in the coming weeks.

I note what the Minister has stated in respect of direct provision. There are very many children in direct provision and the difficulties they are going through in the absence of being able to socialise with their friends or go to their school very much accentuates the issues of equality that can be damaged by this ongoing lockdown.

I note what the Minister has stated in respect of the direct provision centres. I have specific concerns about the one in Cahersiveen. I have asked questions by way of parliamentary questions and answers will be forthcoming to me in that area.

I want to raise another area that I believe the Minister needs to look into and expedite, that is, the area of trying to ensure that people who are involved in providing legal services to the public can do so remotely and with the benefit of modern technology. The Statutory Declarations Act is still in force. It dates from 1938. It requires, we believe, physical presence for a deponent to sign or swear an affidavit in the presence of a solicitor or a commissioner for oaths. We need to move away from that and expedite legislation to ensure that commercial documents and court documents can be sworn and signed remotely. The Minister may say we need legislation for that. I ask him to see if there is any other way around that, perhaps through practice directions of the courts and, if so, will he have discussions with the presidents of the court in respect of that?

I also believe we need to protect our gardaí. The gardaí have done a commendable job. It has been very difficult for them. Sometimes people give out about the gardaí exercising too much powers. They exercise the powers we ask them to exercise. They exercise the powers that we, as legislators, give them and, to date, they have done that in a commendable way and they need our continued support. I ask the Minister to give them the protection they need in terms of personal protection equipment, PPE.

I will conclude by stating that we need to keep a very close eye on the equality consequences of this lockdown. My concern is that the lockdown, if it continues for a long period of time, will accentuate and increase inequality that already exists in our society.

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