Carol Nolan (Laois-Offaly, Independent) | Oireachtas source

I welcome the important opportunity to speak on this piece of legislation, which I feel is over the top and unnecessary. Some of the major concerns with this Bill have already been outlined by my colleagues in the Rural Independent Group. I wish to echo many of those concerns as a rural Deputy for Laois-Offaly. One of my most significant fears concerning this Bill is that we are entering uncharted territory with a set of legislative proposals that may end up doing irreparable harm to personal freedoms and social cohesion. Indeed, when the Bill was approved by the Government, the extraordinary and exceptional powers it contains were noted. This is not an adequate description of the extent and the reach of the Bill before us. Section 13 grants the Minister for Health powers "to take such additional protective measures as are practicable in order to mitigate those risks and to prevent, limit, minimise or slow the spread of Covid-19 in an effective manner". The vagueness of this language is incredibly dangerous. It can mean anything, and it appears to allow for everything once it is "practicable". Moreover, what does "in an effective manner" really mean in this context? We need much more clarity on this. It is very ominous language.

The Bill states: "Before prescribing regulations under this subsection, the Minister shall consult the Minister for Justice and Equality and any other Minister of the Government as the Minister considers appropriate". If this is meant to address people's concerns, I put it to the Minister that it does no such thing. In reality it is little more than a rubber-stamping exercise. The decisions of the Minister will be free from the kind of wider scrutiny they deserve and require. It is sham accountability. I am seriously concerned about this Bill and its impact.

Many pub and restaurant owners will not be comforted by the Minister's claim that these powers will be temporary and will include several safeguards, such as provisions for the appeal of closure orders. This Bill will only serve to embed the completely unfair and downright shameful attempt to categorise publicans and other business owners as irresponsible people against whom the most exceptional and extraordinary powers must be enacted for all of our protection. This is so wrong. I have seen the lengths to which many business owners and publicans in my constituency of Laois-Offaly have gone. I have seen the responsibility and leadership they have shown.

The Minister, Deputy McEntee, also said that this Bill is in keeping with the graduated policing response adopted to date and will encourage better compliance with Covid-19 regulations on the part of publicans and restaurateurs, in the interest of society as a whole. That is a window into the thinking that is really behind this Bill, the kind of thinking which can only further stigmatise publicans and restaurateurs. I remind the Minister and the Government that our constituency of Laois-Offaly has already been very badly damaged by an unnecessary lockdown. All of our businesses have been affected. This is a step too far.

There are also significant concerns about the erosion of the sovereignty of the family home. In that context, we must reconsider just what will be permitted under this Bill. We must also question its necessity, as I am doing tonight. My own experience as a Deputy for Laois-Offaly is that measures such as these are simply not necessary.

I conclude by noting that the people of this State, in their homes and in their businesses, have been the real heroes of the Covid-19 crisis. They have shown true leadership but this legislation will make them the villains of the Covid story. We must avoid that at all costs, which is why I will be opposing this ill-conceived Bill.

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