Dáil debates

Wednesday, 26 May 2021

Health and Criminal Justice (Covid-19) (Amendment) Bill 2021 [Seanad]: Second Stage

 

5:27 pm

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

Irish life has been turned upside down during this pandemic and the public has been dealing with challenges, demands and limitations that before the beginning of last year could not even have been imagined as materialising. Materialise they did, however. With the onset of the Covid-19 crisis, every person in this country had to deal with the fear of the unknown virus, its effects, how transmissible it would be, how each of us could avoid contracting it, while also ensuring that our loved ones and those most vulnerable did not succumb to the disease. Measures never before considered had to be taken and Sinn Féin was to the forefront in calling for the immediacy of the situation to be addressed through prompt, swift and concerted measures.

These have been extraordinary times, and such extraordinary times call for extraordinary measures. Those measures included the restriction of our ability to go on with life as had been regarded as normal until then. Our movements were restricted, the way we could socialise was restricted, the way we could interact with each other was restricted and our ability to avail of services was also curtailed. Each and every one of those measures was to have an impact, and while the impacts, primary or secondary, were in some instances unavoidable, the existing legislation has given far too much discretion and emergency powers to the Minister for Health.

The extraordinary measures we have all been subject to for more than a year now can only work if those data which inform them and the reasons they are deemed necessary are fully transparent, properly analysed and openly debated. Sinn Féin has been consistent in pushing this belief. This was evident last October, when we tabled an amendment to limit the scope of the emergency legislation then being proposed. We requested that the Government bring forward less discretionary legislation that could not avoid Dáil scrutiny. We continue to stand by that position, and that is why we are opposed to the continuing operation of emergency legislation with such broad discretionary powers that delegate what we believe should be Oireachtas responsibilities to the Minister for longer than is necessary.

When the Minister for Health and the Government were under great pressure to deal with what the pandemic brought to this country, we were there to give what support we could to measures informed by public health advice. While we still do that, what we have also witnessed since is a Government which has been less than forthcoming in providing real clarity to members of the Opposition regarding changes to regulations. This was unacceptable and to this day, I cannot accept that there was any valid reason for that level of secrecy to shut out representatives elected by the people. This situation led to instances of total confusion concerning some of the measures introduced by the Government.

The manner in which the hospitality sector was treated is one case in point. Hotel, pub and restaurant workers across Tipperary contacted me regarding the inability of the Government to state when, or if, it would be possible for those establishments to reopen last year. I have also had representations from people involved in the arts, dance and entertainment sector in Tipperary. All they are seeking is clarity. Families of children with special and complex needs were left to fend for themselves without the supports they need, childcare professionals were left with incomplete information and this is just the tip of the iceberg when it comes to the complaints I have received.

With these issues in mind, the Government must realise why I want continued engagement on emergency measures to take place in this House and not just at the Cabinet table. The Government has proposed to extend these emergency powers until 9 November.

We do not believe that the long extension is warranted at this stage. We are in a particular situation with the virus at the moment. There are a number of variables, both positive and negative, of which account must be taken. The vaccine roll-out is progressing. The number of people who have been vaccinated is increasing all the time and society is reopening on a gradual basis. It is our view, therefore, that it is not necessary to give the Minister full discretion until 9 November. What is necessary is that provisions are made to deal with the emergence of new variants or other associated issues.

That is why Sinn Féin is tabling a number of amendments seeking to limit the operation of the legislation to 9 July and ensure that restrictions will require the approval of the Dáil going forward. This approach would not remove restrictions. Instead, it would ensure that new regulations are adequately scrutinised, debated and ultimately agreed by the Dáil in the open. Of course, provisions should remain for the Minister for Health to bring forward rational and reasonable measures which are appropriate and proportionate to the risk presented by the pandemic and in the event of a vaccine-resistant variant posing a serious threat to public health. However, there is no excuse for avoiding further Dáil scrutiny of measures which are likely to restrict personal freedoms.

We have heard the term "draconian measures" quite often during the debate, both here and in the Seanad. The vast majority of this people in this country have put every effort they can into abiding by those measures and protecting each other from the virus. They deserve full transparency in how decisions are made in the event that further measures that will impact on their freedoms need to be considered.

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