Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a second time".

I welcome the opportunity to present the Health and Criminal Justice (Covid-19) (Amendment) (No.2) Bill 2021 to the House. The purpose of this Bill is to extend the period of application of certain emergency provisions that have been key to the Government’s response to the Covid-19 pandemic. The emergency provisions that are to be extended include Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020; the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020; Health (Amendment) Act 2020; and Part 2 of the Health (Amendment) (No. 2) Act 2021.

The Bill that provides for the extension of the emergency provisions contained within these Acts until 31 March 2022, with the possibility of one further extension of a maximum period of three months, by way of resolution in both Houses of the Oireachtas, if warranted.

The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 was passed by the Oireachtas in March 2020, and the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 was passed by the Oireachtas in September 2020. These Acts were extended by way of resolution in October 2020. The Health (Amendment) Act 2020 was passed by the Oireachtas in October 2020. All three Acts were extended by the Health and Criminal Justice (Covid-19) (Amendment) Act 2021 in May of this year, and by resolution again in October. The provisions of these Acts are due to expire on 9 February 2022.

The Health (Amendment) (No. 2) Act 2021 was passed by the Oireachtas in July this year. It was extended by way of resolution in October, with its provisions due to expire on 9 January 2022.

The legislative provisions contained within these Acts are essential to managing the spread of Covid-19 in our community. Covid-19 cases remain high in Ireland and across most of Europe. This is due to a combination of increased socialisation, the move indoors due to colder weather, evidence of waning immunity and the prevalence of the Delta variant. We need to ensure that basic public health measures such as mask wearing, isolation when symptomatic, and social distancing continue in place and are being enforced. We now also have a new variant, Omicron, of which much is still unknown, although scientists around the world are working hard to analyse the variant and try to understand its behaviour.

When I came before this House in May seeking to extend the provisions of three of these Acts, I recognised the wide-ranging nature of these powers and that I, along with every Member of this House, wished that there was no need for their existence. I would like to reiterate that sentiment now. While it is extremely disappointing that Ireland, Europe and many countries around in the world find ourselves in this situation, we need to continue to provide for the making and enforcement of public health regulations. As we have seen, the trajectory of this virus is ever evolving and the Government needs to be able to respond in a proportionate, rapid and flexible manner to protect public health, our health service, our most vulnerable and our front line workers.

Over 5,500 people have lost their lives during this pandemic. Over 5,500 families have lost someone they loved. Many more are living with the impact of the disease both physically and mentally. With the virus spreading at such high levels in the community and the recent emergence of the Omicron variant, we can unfortunately expect further hospitalisations and possible deaths in the coming weeks and months. We can only imagine the trauma of families and communities affected and I extend my deepest sympathies to them.

Ireland has endured a profound shock to its social and economic life as we deal with the impact of the virus at an individual, community and societal level. It has had an impact on almost all aspects of our lives and, for many, their livelihoods, and continues to do so. 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.

Members know that the trajectory of Covid-19 is uncertain. In the last weeks, we have seen case numbers previously seen only in January this year. The number of confirmed cases of Covid-19 in hospitals and ICU remain high while demand for testing is higher than it has been at any point in the pandemic and continues to increase. The current level of Covid-19 infection is placing a very substantial additional burden on the delivery of non-Covid care across all aspects of the health service which is likely to increase over the course of the winter period.

Our response is premised on the need to preserve and protect public health by slowing the spread of the virus, reducing its impact on us and limiting its impact on our society and economy. That is why I believe that the public interest is best served by having the provisions in these Acts available if the situation requires them to be utilised for the protection of public health.

The country remains vulnerable to a further deterioration depending on a number of factors, including levels of social contact in the coming weeks and over the festive period, adherence to basic public health protective measures, levels of immunity across the population and what we learn about the characteristics of the Omicron variant in terms of its transmissibility, severity, vaccine evasion, reinfection and more. I ask that everyone prioritise the activities they undertake and limit activities in riskier environments including indoor crowded settings where distancing is difficult, that they take regular antigen tests if they are engaged in activities in riskier environments and hold off on visiting vulnerable people after undertaking these activities.

Incidence is highest in those aged between five and 12 years of age, and it is recommended that families and young children prioritise discretionary activities and social contacts and the wearing of face masks and coverings for those aged nine years and over in certain settings.

The uptake of Covid-19 vaccinations in Ireland has been incredible. I commend each and every person who has availed of the opportunity to be vaccinated. There have been more than 8.3 million doses administered and over 91% of the eligible population, that is, everyone in our country aged 12 years and over, is now fully vaccinated. I would like to emphasise that it is never too late for anyone to get vaccinated. The people who have yet to decide to be vaccinated who choose to do so to protect themselves, everybody else and our health workers make a big difference.

We now know that there is a certain amount of waning immunity from vaccines after several months. The profile depends on each of the vaccines. This is why we are rolling out our booster programme, and I am happy to report it is moving apace. In fact, it is moving at such a pace that when my speech was written, the figure for booster dose given was 878,000, and when I checked just before I got up to speak, it was in excess of 900,000, so it is moving fast. I am referring to boosters and third doses for immunocompromised. Critically, it includes many of our population most at risk, including people aged over 60 years, front-line healthcare workers, immunocompromised people and those living in nursing homes. Those in age groups approved for boosters should take up their vaccine appointment as soon as it is offered and exercise more caution until they receive their booster. I am delighted to be able to say the level of uptake for the cohorts to which it has been offered is very encouraging indeed.

As the booster campaign progresses, it is very important we all take steps to protect ourselves and those around us. The public health message right now is to layer up those protections. This includes acting fast, isolating and getting tested if we have symptoms, wearing a face covering where appropriate, making sure indoor spaces are well ventilated, maintaining social distancing whenever appropriate, covering our coughs and sneezes and hand hygiene. These are measures we have all come to know very well.

I wish to address some of the concerns raised in debate by members of this House and the Seanad during passage of the Health and Criminal Justice (Covid-19)(Amendment) Act 2021 in May. At that time, colleagues were concerned about the length of the extension to the measures, and others raised concerns about the multiple extensions provided for in the sunset clause in the draft of the Bill. We had a very constructive debate and I agreed with many of the points being raised. I accepted the concerns on the multiple extensions, so I sought Government agreement to amend the Act. The Act we then passed was limited to one extension. That, of course, is why we are here now, as that extension will come to an end. The intention was that there would be a legislative process and this is exactly why we are here. This Bill extends the provisions until the end of March 2022, from 9 January or 9 February depending on which of the Acts it was, with one further extension possible of three months, and that is it. I believe the proposed length of time of the extension is proportionate and reasonable. Given the environment we find ourselves in, it is necessary to protect public health. While I sincerely hope there will be no need for a further extension beyond 31 March next year, as we all do, it is important to provide for this possibility. However, I emphasise to colleagues the sunset clause allows for one extension which requires a resolution of both Houses and that single sunset clause can only be for three months.

The powers granted under these Acts are extraordinary, and the Houses provide an essential function in debating and evaluating their continued use. During the passage of the Act earlier this year, and with the extensions made by way of resolution in the Oireachtas, the Houses carry out important checks on these powers. In the interest of transparency, all regulations are posted online on www.gov.ie, all NPHET minutes and letters are published online, and information on Covid-19 at a national and local level is also published. This includes cases, vaccines, hospitalisations and so forth. These are all things Deputies will be very aware of. Every regulation made under these Acts must be laid before both Houses as soon as possible after it is made and, if a resolution annulling the regulation is passed by either House within the subsequent 21 days, the regulation is annulled. The introduction and continuation of public health measures are kept under constant review by Government. Every Government decision on such measures is informed by public health advice and takes account of societal and economic concerns.

I will now outline some key provisions of the Bill in more detail. The Bill is divided into five sections. Section 1 amends section 2 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 to allow for an extension of the operation of Part 3 of the Act from 9 February 2022 to 31 March 2022, and to allow the provisions to be extended once, for a period of no more than three months, by way of resolution in both Houses of the Oireachtas. The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 inserted sections 31A, 31B and 38A into the Health Act 1947. Section 31A provides for the making of regulations for preventing, limiting, minimising, or slowing the spread of Covid-19 and to deal with public health risks arising from the spread of Covid-19. Any regulations made have been made in line with decisions of Government on public health measures. The regulations have restricted events, movement, international travel, and the operation of businesses and services to varying degrees over the past 20 months. Several regulations are still in place, such as the mandatory wearing of face coverings in certain settings, public health measures relatimng to international travel, and the closing of certain premises at midnight. Section 31B allows the Minister for Health to make an "affected area order". The State as a whole has been deemed to be an "affected area" since 7 April 2020. Section 38A provides for powers for certain medical officers of health to order, in certain circumstances, the detention of persons who are suspected to be potential sources of infection with Covid-19 and to provide for enforcement measures in that regard.

Sections 2, 3 and 4 provide for the same amendments and terms of extension for the Criminal Justice (Enforcement Powers)(Covid-19) Act 2020, the Health (Amendment) Act 2020 and Part 2 of the Health (Amendment)(No. 2) Act 2021, respectively. The Criminal Justice (Enforcement Powers)(Covid-19) Act 2020 provides An Garda Síochána with statutory enforcement powers in relation to licensed premises and registered clubs, to ensure strict adherence to public health measures on premises where alcohol is sold for consumption on the premises. It also provides a power of entry for the Garda in relation to the Covid-19 regulations. The Act introduced a range of enforcement measures such as an immediate closure order for the rest of the day, an emergency closure order for up to three days, and a temporary closure order. The first temporary closure order is for up to seven days, but this increases to up to 30 days for second or subsequent failures to comply. The Act also provides for the issuance of a compliance notice and it sets out the grounds for objection to the renewal of a licence. During the drafting of the Health and Criminal Justice (Covid-19)(Amendment) Act 2021 earlier this year, the Garda Commissioner advised that if the provisions of the Criminal Justice (Enforcement Powers)(Covid-19) Act 2020 were not extended, then members of An Garda Síochána would not have a clear lawful basis for entering a licensed premises to address breaches of the Covid-19 regulations.

The Health (Amendment) Act 2020 provides for the making of regulations to prescribe penal provisions in regulations made under section 31A of the Health Act 1947 to be fixed penalty provisions. Fixed penalty provisions are currently in place in relation to the wearing of face coverings in certain settings. Part 2 of the Health (Amendment)(No.2) Act 2021 provided for the reopening of indoor hospitality under certain conditions. In essence, the Act gives effect to the Government's decision to enable access to relevant indoor premises for fully vaccinated persons and persons who have recovered from Covid-19, as well as certain children and staff. The Act provides for a robust and enforceable system of verification as well as for powers of enforcement.

Section 5 provides for the Title of the Bill to be the Health and Criminal Justice (Covid-19)(Amendment)(No. 2) Act 2021, and that its provisions shall come into operation on 10 January 2022 for the Health (Amendment)(No. 2) Act 2021, and 10 February 2022 for the other three Acts.

The decision to extend these measures is not an easy one and I recognise there is disappointment we continue to need these powers. We know that the use of vaccinations alone will not stop the spread of Covid-19 and so we must ensure there are other measures in place to protect public health.

As a Government, we must now act to ensure we can continue to implement public health measures to limit the growth of the virus, especially in the face of the Delta and Omicron variants. We are extending these measures to support our healthcare system and its workers, who have been working tirelessly on the front line for nearly two years. We are extending these measures to ensure people can shop and work in supermarkets, pharmacies, shops and other settings with some degree of comfort, knowing that the wearing of face coverings is still mandatory and enforceable. We are extending these measures to ensure that the use of Covid-19 vaccination certificates continues to be applicable in hospitality and entertainment settings, with the aim of keeping these establishments safe and open.

While great strides have been made in combatting the virus, most notably through the excellent uptake of vaccinations, we are not out of this pandemic yet as recent events have clearly shown. We expect the winter months ahead to be challenging in terms of the spread of the virus and the ongoing pressure on the health system. It is essential that the Government has the option to continue the enforcement of public health measures in the coming months. Through the combination of the roll-out of the booster shots, continued progress on antiviral treatments for Covid-19 and adherence to public health measures, we are aiming to reduce the spread of Covid-19 and are working towards the return to normal functioning of our economy and society.

I very much welcome this opportunity to provide an overview of some of the key provisions in the Bill. I look forward to discussing the Bill in more detail on Committee Stage and to listening to colleagues' contributions during this Second Stage debate. I urge all members of the House to support this Bill and the continued use of public health measures to protect people from this dreadful disease, including our healthcare workers, other workers throughout the country, individuals and families, and to keep everybody safe.

See this speech in context