Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

I move amendment No. 1:

In page 5, line 9, to delete “the 9th day of November 2021” and substitute “the 14th day of July 2021”.

The legislation relates to four Acts that were passed by the Oireachtas last year. By any standard, those Acts provided for the most wide-ranging and draconian powers that one could imagine. At that time, the Oireachtas gave the Government approval to introduce that draconian legislation on the basis of the crisis facing the country as a result of the pandemic. It was truly a crisis situation and nobody knew exactly what the future might hold. The Government had to move quickly to safeguard people’s lives and livelihoods. It did so by introducing a range of legislation, which severely limited people’s lives, restricted their movements both domestically and internationally, impinged on their civil liberties and civil rights, separated families and caused untold harm to people. We have to recognise that it was done in the interests of public health, but those powers caused severe harm to many people, including increased levels of depression and other psychiatric illnesses, as well as loneliness. People lacked the ability to get out and mix with family and friends and to take exercise and do other basic things in life. There was a lack of ability to assemble in any way, whether in small or large groups, or to attend religious services. All kinds of activities that people take as normal parts of life were severely restricted on the basis the Government had to move fast to protect public health.

There was a recognition of that in this House. That is why the go-ahead was given to this legislation. Most of us who voted to support that legislation did so with a very heavy heart and in the expectation that, while we faced an unprecedented crisis, in would be reasonably short-lived. We know now, 15 months later, that, unfortunately, it has not been. It has lasted to the present time. The present time is, thankfully, very different from 15 months ago. That is a result of people adhering to the restrictions, of a greater knowledge of what Covid entails and, particularly, of the breakthrough in vaccinations and the successful vaccination programme we are operating. We are in a different place from where we were last year.

Many of us on all sides of this House are strongly of the view that we should not roll over these draconian powers for the Minister of Health and the Government. There is a strong view on this side of the House but, as the Minister knows, many Government backbenchers have expressed serious concerns about the continuation of these powers because they cannot be justified at this point. We were told last year there would be a sunset clause and only one extension to that. That extension has occurred. We were also told that the operation of these powers would be reviewed and that has not happened. It is entirely unreasonable and unwarranted for the Minister to come to the House and seek the extension of those draconian powers in the absence of any kind of assessment or review of the operation of those powers.

The powers that cause us most concern are those underpinned by penal implications, in terms of fines and potential prison sentences. The powers extended to the Garda to enforce those restrictions were draconian in themselves. The Garda had serious reservations about being expected to enforce those powers. In practice, gardaí were expected to enforce powers without being given guidelines on them. It put them in a difficult situation, which they did not want to be in. There is no demand from them to retain those powers for any longer than absolutely necessary and the period when they were absolutely necessary is undoubtedly past.

For that reason, the amendment proposes that, rather than extending those powers until November and giving the Minister the blank cheque he seeks, over the next six weeks or so up to the Dáil recess, he should carry out a complete and comprehensive review of the operation of those powers and come back to us before the recess to report on their operation. We have very little data on them. We have global figures from the Garda on prosecutions but we have no disaggregated figures. What exact powers were used by the force? Where was the concentration of prosecutions? Were there age or demographic implications? Were there concentrations in particular areas? We know nothing about that whatsoever. Fifteen months down the road, with all the country has come through, it is entirely unreasonable and wrong for the Minister to seek the go-ahead from this House to continue with those powers without us having any information about the full implications of them or what the operation of them was.

That is the purpose of this amendment. It is to put a stop on the automatic roll-over of these emergency powers that the Minister seeks. There is no justification for that. We would be prepared to support a six-week extension on the understanding that he comes back to us with a comprehensive review by 14 July. That is a reasonable position for us to take given all the country has been through and all of the concerns that exist about these powers, all the limitations they put on people’s lives and the erosion of basic civil and human rights as a result.

We cannot just give the Minister the go-ahead on this. It would be wrong for us to do that. For that reason, the Social Democrats is taking a very reasonable view: we are saying the Minister can extend the powers up to 14 July and come back to us and reassess the situation then on the basis of having access to the facts on the operation of the powers. I urge the Minister to accept the amendment.

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