Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I welcome the opportunity to present the Health and Criminal Justice (Covid-19) (Amendment) Bill 2021 to the House. The purpose of this Bill is to extend the period of application of certain emergency provisions that have been key to providing for the Government's public health response to the pandemic. The emergency provisions that are to be extended are in the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, the Emergency Measures in the Public Interest (Covid-19) Act 2020, the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020, and the Health (Amendment) Act 2020. On 9 June 2021, certain emergency provisions in all of these Acts are due to expire. The Bill I am presenting to the House today provides that the operation of the emergency provisions concerned in these Acts be extended for an initial period of five months to 9 November 2021.

The current draft before the House provides that any further extensions are limited to a maximum of three months at a time thereafter and each extension must be approved by a resolution passed by each House of the Oireachtas. I am proposing some changes that I hope will alleviate concerns that have been raised. We had a very good debate on this issue in the Seanad and I also received a letter from the Chair of the Oireachtas Joint Committee on Health. I have reflected on the debate and the view of the health committee within the wider context and whereas the initial five-month extension is warranted, necessary and proportionate, I understand the concerns that have been raised about possible additional extensions after that five-month period. I have decided to seek Government approval to amend the Bill on Committee Stage to provide for just one further extension of no more than three months, subject to a resolution of both Houses of the Oireachtas.

I am of the view that given the current uncertain trajectory of the disease globally and the priority need to protect public health, progress on the vaccination programme notwithstanding, the emergency provisions are required until 9 November. At the same time, however, I am deeply conscious of the extraordinary nature of the provisions in question and, in particular, their impact on fundamental and civil rights. That is why I am now proposing that only one further extension of up to three months by resolutions of both Houses of the Oireachtas should be provided for in the Bill.

We need these emergency powers to unwind the measures that are currently in place in an ordered and sustainable way and allowing one further extension of no more than three months is justified and proportional. If we find ourselves in the position, which we all dearly hope we do not, whereby we need some targeted public health measures beyond February 2022, we would introduce another Bill and put it through the safeguards that the legislative process provides.

The change I am proposing is substantive and based on the views expressed across the political spectrum in this House, the Seanad and the health committee. I share these views. These legislative provisions are the platform from which we can implement measures to provide for protecting our health service and for breaking the chain of transmission of this disease. I know this House is fully aware of the continuing precarious trajectory of the disease around the world. The epidemiological position in Ireland is stable but, as we are all aware, it is under constant pressure. The incidence of Covid-19 is still high, albeit stable. There are still considerable uncertainties around what measures may be needed over the course of the rest of the year but we are united in our clear and ongoing objective to slow down and minimise the impact of this disease, and in so doing to protect the health of the public and dilute its impact on both our society and economy.

Some Members of the Seanad on Monday referred to these powers as draconian, which is not an unfair description. I used the same description both as Minister for Health and when I was Opposition spokesperson when the initial legislation was introduced early last year. They are draconian but the measures concerned have provided us with the necessary tools to stop the disease from spreading uncontrollably, especially any exponential spread, and help keep people safe, first and foremost. Ultimately, the measures have provided the means to protect public health and keep people safe.

Members of both Houses, both in plenary sessions and in the health committee, have also sought for the legislation to be reviewed. This is entirely understandable. In terms of the measures taken under the legislation, Government decision-making has been and is informed by public health, economic and social impact assessments undertaken on an ongoing basis throughout the pandemic. As colleagues are aware, there is a very rich source of information available online through the minutes of National Public Health Emergency Team, NPHET, meetings, the papers discussed by the team, the analysis provided to me and the Government by NPHET and the letters of recommendation from the Chief Medical Officer to me. They are all available online, as they should be.

The Government has consistently sought to introduce measures where necessary to protect public health and they are kept under constant review. The measures have been tough and very challenging but they have worked and have saved lives. They have stopped many things happening in this country that happened in other countries, which were deeply worrying to see. We have had one of the lowest excess mortality rates from Covid-19 in Europe and the measures we introduced - and, more important, the public support for them - ensured our health service was not overrun. Unlike in many other countries, although the health system was under very serious pressure, hospitals, emergency departments and intensive care units were not overrun. That was thanks to the public backing the measures and the extraordinary ongoing work of our healthcare professionals.

Vaccinations offer very significant protection at an individual and population level but it will be some time before there is a sufficient level of the population fully vaccinated. Moreover, whereas there is emerging evidence on the efficacy of available vaccines, we still do not have full information on the impact that vaccines will have on transmission, the length of vaccine-induced immunity and the potential impact that variants may have on vaccine effectiveness. In general, international agencies are continuing to advise the use of a range of non-pharmaceutical measures until there is a greater understanding of the role of vaccination on the course of the pandemic and there is greater impact from the vaccinations on the disease.

Specifically with regard to the date of 9 November, as proposed in the Bill, this is a date that was informed by public health authorities, with the view being that the measures might well be required into late autumn or early winter, given that we expect to see a large amount of mixing indoors at that time. As I have said, these measures are tough and have been very difficult. We are all acutely aware of the impact of these measures on individuals, families, communities, businesses and so much more. They have come at a serious cost but they work and have worked. It is all our hope that the measures will only be needed for a short time. I have just come from a meeting with the Chief Medical Officer, following today's NPHET meeting relating to advice that will be brought to the Cabinet on Friday. I am very happy to report, as I am sure Members are aware, that NPHET's view is the trajectory is positive, again thanks to the Irish people getting behind the measures day after day and keeping case numbers and hospitalisation figures low.

I will now outline some provisions of the Bill in more detail. The Bill is divided into five sections. Section 1 of the Bill amends section 2 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 to allow for an extension of operation of Part 3 of the Act from 10 June 2021 to the later date of 9 November 2021. As I have set out already, I am proposing to provide for only one further extension of no more than three months, subject to a resolution of both Houses of the Oireachtas.

The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 inserted new sections 31A, 31B and 38A into the Health Act 1947. Section 31B allows the Minister for Health to make an affected area order. The State has been deemed to be an affected area since 7 April last year. Section 31A provides for the making of regulations for preventing, limiting, minimising or slowing the spread of Covid-19 to a region where an affected area order applies.

Section 2 amends section 1 of the of the Emergency Measures in the Public Interest (Covid-19) Act 2020 to allow for an extension of operation of Part 5 of the Act along the same lines, namely: that Part 5 of the Act is extended from 10 June 2021 to 9 November 2021 or the date specified in a resolution passed by each House of the Oireachtas. As already stated, I am proposing, subject to a resolution of both Houses of the Oireachtas, to provide for only one further extension of no more than three months.

The Emergency Measures in the Public Interest (Covid-19) Act 2020 amends the Mental Health Act 2001 to adopt a cascading approach to the role of the independent consultant psychiatrist and the role of mental health tribunals, which review orders involuntarily detaining patients, whereby pre-Covid measures are retained in the Act. Where it is not possible to operate these measures safely, provisions are in place to ensure the review of detention can continue remotely in the current public health emergency.

Sections 3 and 4 provide for the same amendments and terms for extension for the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 and the Health (Amendment) Act 2020, respectively. As indicated, I am proposing to provide, subject to a resolution of both Houses Of the Oireachtas, for only one further extension of no more than three months.

The Health (Amendment) Act 2020 provides for the making of regulations to prescribe penal provisions in regulations made under section 31A of the Health Act 1947, to be fixed penalty provisions and dwelling event provisions. The Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 provides An Garda Síochána with statutory enforcement powers in relation to licensed premises and registered clubs, to ensure strict adherence to public health measures on premises where alcohol is sold for consumption on these premises. In considering whether this Act should continue in operation, the Minister for Justice, Deputy Humphreys, consulted the Garda Commissioner, Drew Harris. The Commissioner advised that if the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 was not extended beyond 9 June 2021, then members of An Garda Síochána would not have a clear lawful basis for entering a licensed premises to address breaches of the Covid-19 regulations. Liquor licensing legislation would not provide a power of entry for the specific reasons of addressing breaches of Covid-19 public health regulations. I take this opportunity to compliment An Garda Síochána on its work during this national effort. Gardaí have continued to take a measured approach at all times. They continue to engage, educate, encourage and, only as a last resort, enforce. I add my voice to many others in the House regarding what happened yesterday in the context of the shooting of two gardaí. I wish them a very speedy recovery and I wish their families the very best. It was an absolutely despicable act of violence against An Garda Síochána.

Section 5 states that the Title of the legislation shall be the Health and Criminal Justice (Covid-19) (Amendment) Act 2021 and that it shall come into operation on 10 June 2021.

As I have here previously and elsewhere, these powers do not sit easy with me. I doubt they sit easy with any Member of the Oireachtas. They should not sit easy with any democracy. I believe, however, that they have been required up to now to support public health measures, advice and guidance. This Government wants to lead our return to normality as quickly as possible. Importantly, we want to do so safely. We want to make sure that we do not go backwards or need to reintroduce measures.

I welcome this opportunity to provide an overview of some of the key provisions in the Bill. I look forward to discussing the Bill in more detail on Committee Stage and to listening to colleagues' contributions during today's debate. The Government believes that ensuring the continuation of these measures is the responsible thing to do. I commend the Bill to the House.

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