Michael Healy-Rae (Kerry, Independent) | Oireachtas source

SI 120/2020 - Health Act 1947 (Affected Areas) Order, made on 7 April, provides: "It is hereby declared that the State (being every area or region thereof) is an area where there is known or thought to be sustained human transmission of Covid-19". While it may have been the case on 7 April that there was known or thought to be sustained human transmission in every area or region, it is obvious that this is no longer the case. Deputy Michael Collins, a member of our group who is on the Special Committee on Covid-19 Response, sought a review of that order. He was told by the Department of Health that these orders could be annulled by the Dáil within 21 days of being laid and that this constituted sufficient parliamentary oversight. However, if there is a spike or resurgence of Covid-19 that needs to be restricted, we will require a new order, not one affecting the whole State.

Section 45(2) of the Health Act 1947 provides: "An order under this section may relate to an area consisting of either the whole or part of the State". There is no such provision in the statutory instrument relating to Covid-19. Therefore, for the order to still be valid, there would have to be transmission in every area or region of the State. That is not the case. As today is the 21st day, the last day when this can be done, will the Taoiseach and the Government allow a motion to be introduced whereby Dáil Éireann will annul SI 120/2020 - Health Act 1947 (Affected Areas) Order 2020? Surely the Government should agree to that.

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