Dáil debates

Thursday, 2 December 2021

Health (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages

 

6:20 pm

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 4, after line 33, to insert the following: “ “relevant statutory instrument” means any regulation made under the sections inserted in the Act of 1947 by—
(a) this Act,

(b) the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020,

(c) the Emergency Measures in the Public Interest (Covid-19) Act 2020,

(d) the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020,

(e) the Health (Amendment) Act 2020, and

(f) the Health (Amendment) (No. 2) Act 2021.”.

I do not intend to speak for long on these amendments. They all relate to the issues I raised in my Second Stage contribution. Other Deputies expressed similar sentiments. I can only assume from experience that none of the amendments will be accepted. Nonetheless, it is important for us to make the points that need to be made. I am calling for a level of scrutiny, debate and oversight when statutory instruments and regulations are introduced by this House. Ideally, statutory instruments and regulations would not only be laid before the House but would be subject to proper debate and scrutiny within 48 hours of coming into effect. In some circumstances, where it might be necessary to move quicker and as a last resort, we accept that statutory instruments could be brought in afterwards and retrospectively approved.

I will not labour the point other than to say that if the Minister for Health, Deputy Donnelly, will not accept the amendments, I ask that the House be notified when regulations are made. Let us hope the regulations will not have to be made and we will not see any more restrictions. Let us hope it will not be necessary to introduce new regulations given all the other measures that have been put in place and the fact that people are responding.

Tomorrow, the House will discuss the emergency powers Bill when we will have similar amendments. All of us hope that mandatory hotel quarantine will not be necessary and that the other travel-related measures which have been introduced will suffice. If it is the case that the Minister needs to bring in statutory instruments or regulations, I ask that Oireachtas Members be notified and receive the necessary briefing. That is what the amendments propose. I will not labour the point because we have spoken about this several times. I think the Minister understands the points that have been made. I hope he accepts the amendments but, if not, I hope he will at least accept the spirit behind them and ensure that Oireachtas Members are given proper briefings and information if and when statutory instruments and regulations arise as a result of the passing of this Bill, which I will support.

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