Michael McNamara (Clare, Independent) | Oireachtas source

On 19 March 2020, this House gave the Minister draconian powers. We debated aspects of them. Like all draconian powers, they were circumscribed and limited to specific circumstances. They were, by order, to declare an area or region in the State to be an area where there is known or thought to be sustained human transmission of Covid-19, or from which there is a high risk of importation of infection or contamination with Covid-19 by travel from that area. When making such an order, under the section the Minister was required to have regard to the Chief Medical Officer. On 7 April, having sought the advice of the Chief Medical Officer, the Minister declared that the State, being every area or region, was an area where there is known or thought to be sustained human transmission of Covid-19. Exactly six weeks later, on 19 May, the Chief Medical Officer, sitting just behind where the Minister is now, told the Special Committee on Covid-19 Response, "In broad terms, we have effectively extinguished it from the community in general, right across the country."

On Tuesday, Dr. Cillian De Gascun and Professor Philip Nolan, both members of NPHET, accepted that there are areas in which there is neither known nor thought to be sustained human transmission of Covid-19 at present. If that is the case, what is the basis in law or in fact for the existence of the affected areas order in respect of those specific areas, which the Minister made on 7 April and which forms the basis for further restrictions? The Minister joked about Kerry and Sligo at the start of this session being areas where there has not been transmission for a long time. Clare is another area where there has not been much transmission for a long time. I accept that in a small country like Ireland, it is very difficult to differentiate one area from another, but merely because it is difficult to differentiate does not make it lawful to impose restrictions if the legal basis does not exist for those restrictions. Has the Minister recently sought the advice of the Chief Medical Officer or the Attorney General for the ongoing restrictions, which state that in each and every area and region of this State, there is known or thought to be sustained human transmission of Covid-19? If there is not sustained transmission, there is not, in my respectful view, a basis in law to maintain restrictions.

I accept that there are distinctions between areas and this is very difficult in Ireland. One of the most basis aspects of the rule of law is that public officials should exercise their powers in good faith and not exceed their powers. It is very important that we are sure of that. The Minister mentioned funerals and said the new regulations allow up to 25 people to go to a funeral. I looked at those regulations, which are the Minister's regulations. There is only one mention of the word funeral, and that is to allow persons who provide accommodation to accommodate people going to a funeral. There is no restriction on any religious activity in these regulations. I expect it is because any restriction on religious activity may be unconstitutional. Public health is not a basis to restrict worship in Ireland. In theory, we have always operated a separation of church and State in this country. It is certainly provided for in the Constitution. There are limitations on what a Government can do to interfere with worship in this State as provided for in the Constitution. I urge the Minister to move away from laws which are unenforceable. It slipped out into the media that the movement restrictions in these regulations are not, will not or cannot be enforced by An Garda Síochána.

The Minister should move towards addressing the general health regime. The Minister says help is available for people who have mental health issues. In the mid-west, after 2 a.m., there is no crisis nurse in University Hospital Limerick to deal with mental health patients who arrive. There is none at any time in Ennis. During the general election, we had a boy who was moved from Ennis to Limerick and back, and went on social media, desperate for help.

That situation has only been exacerbated by Covid-19. The Minister knows this himself; I am not telling him something he does not know. We desperately need to move into these areas. There is a boy in Clare whose parents had to go to the High Court to get an order so that he would receive electroconvulsive therapy, ECT. He has severe autism and needs this treatment to prevent his deterioration. They got that order from the High Court on 23 April but they are still waiting. I have not brought this to the Minister's attention previously but I will pass the specifics on to him.

Lastly, we agree on the need to move our care for our elderly away from congregated settings in nursing homes and towards an alternative path of home care. However, home care assistants have not been paid in respect of cancelled hours since the beginning of June.

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