Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move:

That Dáil Éireann resolves that the amendments effected by Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020) shall continue in operation for the period beginning on the 10th day of November, 2021 and ending on the 9th day of February, 2022."

I am here to introduce a resolution to extend the sunset clause of three pieces of Covid-19 legislation: Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020), the Health (Amendment) Act 2020 (No. 19 of 2020), and the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (No. 14 of 2020). Members will know that these Acts are due to expire on this day week. They provide for time-limited emergency powers to protect human life and public health. These are powers that this House has already passed in order to meet the significant challenges we have faced to date in dealing with Covid-19.

We had all hoped to be well along the road to transitioning away from mandatory requirements to an approach based on public health advice, personal judgment and personal protective behaviours. That, unfortunately, is not the case. This vicious and highly contagious disease has, once again, shown how quickly it can spread. Disease incidence is high and rising. The 14-day incidence is now 668 per 100,000 population, and the five-day average is 2,588 cases. It is rising across all age groups. We are also seeing increasing numbers of people in hospital and ICU, with currently around 515 in hospital, which is nearly 4% higher than this day last week, and 90 Covid patients in ICU, as of this morning.

We are also seeing increasing numbers in hospital. The number is now at 515, which is 4% higher than the same day last week. As of this morning, there are 90 Covid patients in ICU. We are in a place where we have to be concerned about the burden and impact that this level of disease is having, and could have, on our health and social care services in the coming weeks and months. We are already seeing the cancellation of procedures and operations across the country and we have to be concerned that things will deteriorate further.

In its most recent advice to me, the National Public Health Emergency Team, NPHET, advised that "the epidemiological situation in Ireland indicates a worsening disease profile with the future trajectory very uncertain". It is for this reason that the Government, on the advice of NPHET, decided to extend a range of public health protective measures on a mandatory basis. This means we need to extend the legislation I have mentioned.

As has always been the case throughout the pandemic, the Government continues to commit to use these exceptional powers in a proportionate way. These are emergency powers directly proportional to our emergency public health environment. Their use is confined to mitigating the impact of the disease on the public's health, and they are not for prolonging a moment longer than is necessary in our democratic system. They are legitimate and necessary powers that are beneficial to our society in a context where public health protection is paramount with this novel and unpredictable disease. The intention is only to use the provisions within these Acts for the measures that are currently in place, for example, the continued requirement for wearing face coverings in certain settings, the use of the Covid pass and other protective measures in the hospitality and events sectors.

As has always been the case with this disease, we cannot predict with certainty what the trajectory of the disease will be. It is responsible for us to ensure we maintain the legislative powers to enable us to continue to respond as necessary and as quickly as possible. The position of NPHET is that the public health management of the Covid-19 pandemic must continue to be agile and responsive and to evolve in the light of changing circumstances, risks and emerging evidence. This will remain the case over the coming months.

I will now provide a summary of the Acts before the House. The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 allows the Minister for Health to make regulations giving effect to a range of public health measures for the purposes of protecting the public from Covid-19. The Health (Amendment) Act 2020 provides for fixed payment notices in respect of certain alleged offences under the aforementioned Act. The third Act, the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020, provides additional enforcement powers to An Garda Síochána to address breaches of the relevant Covid-19 regulations by businesses or services selling or supplying intoxicating liquor for consumption on the premises.

I remind the Members of the House of each of the sunset provisions in the three Acts that are pertinent to today's debate. The original extension of the sunset clauses in each of these three Acts to 9 November was provided for in the Health and Criminal Justice (Covid-19) Amendment Act 2021. The House approved these extensions when it voted to pass the legislation. Members of the House will remember that I introduced an amendment to the Bill, which originally provided for more than one extension of up to three months for each Act. The amendment I introduced, which was accepted by the House, permitted only one extension of these Acts for a period of up to three months on the passing of a resolution providing for such extensions by both Houses of the Oireachtas. After this one extension has lapsed these Acts will no longer be in operation. The resolution before the House today is to provide for this final extension of the three Acts until 9 February.

We all understand and appreciate the impact on people of this disease and the emergency measures put in place to deal with its harmful effects. I have highlighted before that Ireland is not alone in this crisis. Indeed, all across Europe and much of the rest of the world, Covid-19 has adversely impacted on societies and economies to devastating effect. We are again seeing a changing situation across Europe with rising incidence in many countries. The measures we have decided to retain in Ireland are among those that other countries are now reaching for.

Ireland has endured a profound shock to its social and economic life as we dealt with, and deal with, the impacts of the disease at individual, community and societal level. It has had an impact on almost all aspects of our lives and, for many, their livelihoods. Our strategy to manage the adverse impacts of Covid has been guided by an evolving understanding of the disease and its emerging variants, the impacts of restrictions on health and well-being as well as other aspects of society and the economy.

The House will know that extraordinary measures have been introduced to protect public health and the most vulnerable in our society. These were difficult and challenging decisions in a crisis, with an evolving understanding of the disease, its impact, how best to manage it, what vaccines might offer and what variants might do to undermine our plans. Members of the House will know that by passing these instruments, we are prolonging on a temporary basis only the emergency health platform from which we can deal with and manage the disease. Any requirement to extend these provisions beyond 9 February will require new legislation.

These are not easy decisions for all of us in the House to make. They do not sit easily with us and they do not sit easily with the Government. It is the stated hope of the Government and, I have no doubt, of all Members of the House that we will not have to be in a position to use the provisions in these Acts any further than is currently the case. However, I must again reiterate the caveat that we simply cannot know what will face us over the coming months.

The reason we are able to keep so much open in light of such high case numbers is, of course, our vaccination programme, which continues to be a great success. It is the envy of much of the world as 93% of people eligible for a vaccination have come forward to protect themselves and to protect each other. We continue to see more and more people come forward, with more than 24,000 new registrations recently. Our booster programme for the most vulnerable is well under way. Those who are immunocompromised are receiving a third dose. Residents of long-term residential care aged 65 and over are receiving their booster, as are those aged 80 and over in the community. This week, we are beginning with booster doses for those aged between 60 and 79. Last night, I authorised booster vaccines for our healthcare workers. These will get under way either this weekend or early next week.

The continuance in operation of these emergency powers maintains the potential and flexibility to respond to an emerging Covid threat that could jeopardise public health and safety to unacceptable levels were it to go unchecked. The Government must act with caution to ensure the most vulnerable continue to be protected to the best of our ability. I commend the motion to the House.

See this speech in context