Dáil debates

Thursday, 2 December 2021

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

 

6:20 pm

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

I have spoken about this principle previously, including this morning and when I spoke previously in debates on Covid-19 legislation, most of which I have supported. This is just a safeguard but it is also about better communication on what the Minister is doing. This is wide-ranging legislation, as is tomorrow's Bill. The least we can expect is clarity on the statutory instruments and regulations the Minister is introducing under this legislation. He has a free hand as this is enabling legislation in the main which gives him huge powers.

From the point of view of this side of the House, it is important that we are aware of what the regulations are. There are currently no arrangements for notifying us of that. However, that applies not only to Members but also the general public. There has been much confusion about messaging. We have seen over the past couple of weeks kites being flown about what NPHET will recommend. Then we have what NPHET actually recommends and then the Government's response to those recommendations. All of that might be okay for practising a particular type of politics but from the point of view of the public, there is a lot of confusion about what is actually being proposed. That also applies to those who are expected to implement and enforce those regulations. There has been considerable confusion about that in the past, for example, on the part of An Garda Síochána. Gardaí were expected to enforce regulations that had not even been signed and we were left rooting around trying to find these regulations to see what they mean.

Last week, at the Joint Committee on Health, I asked where we could get a clear list of regulations. I was referred to the website, which showed ten different statutory instruments under the emergency legislation. Work was under way to consolidate each of these so they are not even available on the website at the moment.

This is about better communication. My amendment makes a reasonable proposal. I agree with the two amendments Deputy Cullinane tabled. I am proposing that we would at least be notified in advance of new regulations coming into force, they would be laid before the Houses two days before they come into force and we would be notified of that. I hope the Minister considers this reasonable.

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