Dáil debates

Wednesday, 24 May 2023

Extension of the Civil Law (Miscellaneous Provisions) Act 2021: Motion

 

1:57 pm

Photo of Pa DalyPa Daly (Kerry, Sinn Fein) | Oireachtas source

I think I speak for most in this House when I say that the requirement for the Oireachtas to approve measures and ensure oversight is overwhelmingly positive. I am equally sure that many will welcome the fact that this motion is one of the few remaining legacies on the Statute Book relating to the pandemic.

On behalf of Sinn Féin, I moved a Private Member's Bill to strengthen parliamentary oversight of pandemic restrictions. The Health (Parliamentary Oversight of Certain Instruments Relating to Covid-19) Bill 2021 proposed to amend the Health Act 1947 and provide parliamentary oversight of regulations made by the Minister for Health under section 31A of that Act and of orders made by the Minister under section 31B. This reflected the situation in New Zealand and was brought to the Covid-19 committee at the time by Dr. David Kenny of Trinity College. The Bill proposed, in general, to provide for time limits within which such an order or regulations have to be confirmed by resolution of each House of the Oireachtas so that they can continue to have effect. Otherwise they would be annulled but without prejudice to any prosecution previously taken under the same regulations. The Bill proposed to enable either House of the Oireachtas by resolution to annul such an order or regulations before the expiration of the time limit, again without prejudice to anything previously taken. This was a sensible way for any resolution requiring approval of the Oireachtas to operate.

This mode of operation would require the Executive to give the Parliament time to scrutinise and affirm any regulations or orders and would help restore the separation of powers between the Parliament and the Government, from a position where it can be compromised by the dominance of a Government with a large majority.

From the beginning of the Covid-19 pandemic, the Government introduced different regulations under the Health Act 1947 with restrictions on liberties and it was only right and proper that Parliament was to be given a greater role in scrutinising the restrictions. There were various things such proposals to enable juries to be sworn in using larger halls and so on.

I note what the Minister of State said about extending the sunset clause to allow the hospitality industry to continue to provide the sale and supply of intoxicating liquor in outdoor seating areas which has worked largely successfully in the past few years. As the Minister of State said, there was a demand for facilities that would allow businesses to operate with the necessary clarity and certainty about the law on outdoor dining services as there was a lot of confusion at that time. As the Minister of State said, it was clear the industry as a whole needed a more comprehensive solution, although having spoken to some of its representatives in the past few days, I note they express certain concerns around duty of care. No doubt they will be dealt with in the proposed Act.

We hope, as does the Minister of State, that the sale of alcohol Bill will remove the need for the renewal of these specific provisions to provide the necessary clarity with the checks and balances that are necessary in any Bill relating to alcohol. We note it will come before the Joint Committee on Justice and the Minister of State has said it will come before the Dáil in 2023. We look forward to the pre-legislative scrutiny and a fuller consultation on the Bill when it comes before the House on Second, Committee and Report Stages.

In the other part of his statement, the Minister of State went into some other issues about support for An Garda Síochána, including the unprecedented budget which will support the recruitment of up to 1,000 new Garda members in 2023. It is my understanding that in the first five months of this year, there was a proposal to bring in 425 additional gardaí but the Department is falling short of those recruitment targets. Approximately 288 recruits have started to study in Templemore. There will be a natural fall off of between 5% and 10% and all of the 288 are unlikely to eventually attest. Even up to last week the increased number of resignations from An Garda Síochána continued apace. In the headquarters circular which was issued to members last week, circular 10 of 2023, a further nine resignations and 15 retirements were notified. If we do the maths on that, it is quite clear that the Government might support the potential recruitment of up to 1,000 new Garda members, but it is more likely than not that the additional Garda members' target will not be met at this stage. The one thing gardaí, who are suffering from a serious crisis of morale, need is additional gardaí on the front line as additional support for them when they go out on the streets but it appears that those targets will not be met.

Getting back to motion, the effects of the pandemic also persist in the health service. A temporary paid leave scheme for public health service employees who are unfit to work after contracting Covid-19 is due to expire in July, but many cannot return to work because they are suffering from long-Covid-19. There are well-documented challenges in this week's Private Member's motion that would likely have been a problem had there not been a pandemic but those issues have been exacerbated.

In the rental sector, rents remain sky high. While it may have been hoped in Government circles that vacancies would increase and prices drop during the pandemic, without any action on its part, this did not materialise. Instead Government inaction led to rent continuing to increase. Despite this, the Government lifted the eviction ban and in the coming months we will see more and more evictions occurring.

The rising cost of inputs, some of which is due to the pandemic, has been one of the factors that has stalled new house builds. Only one affordable home was delivered in County Kerry last year and that is not acceptable. The shortfall from Covid has not helped either.

The labour market has tipped slightly back in favour of the worker, with shortages of skills and people in most industries. This has not been accompanied by wage growth or Government action to increase worker protections. Ministers spoke of a new-found appreciation for manual workers during the pandemic, but now that the pandemic is over, one must ask how much these workers, who are people working in retail, as healthcare assistants or as school secretaries, are appreciated in reality by the Government.

On this motion, we support the continuation of these measures, and I would like to quote my colleague, Deputy O’Reilly, on the issue of keeping our towns and cities going because there is no doubt these regulations have been of assistance to a more expansive and better choice for pubs and restaurants:

After we exit the Covid crisis, if we want to get people back into our towns and cities and engaging with retail and hospitality services, then we have to offer people a greater experience. We have to make people want to spend time in our towns and cities, to enjoy themselves, and to spend money in retail and hospitality.

[...]

We need outdoor dining and drinking spaces, we need true public spaces where people can relax, we need outdoor and indoor markets, we need public space for arts and culture, we need public toilets, and we need to make sure our towns and cities cater for those who live there.

When I speak to people in places like Killarney, Listowel, Tralee, they agree with these sentiments. We need to strike the right balance between opportunities to consume alcohol and undertake other leisure pursuits on the one hand, and the right of people to enjoy towns and villages safely and securely on the other hand.

It is also important that public sector organisations, such as local authorities, keep town centres in mind if they are constructing new buildings or if they are extending existing premises, to have an emphasis on maintaining town centres, and to put more workers and staff working in the middle of town, rather than on the edge, to assist with getting people back into towns and cities. The studies have always shown that it is not enough to have people living in town centres but that there must be people working there as well if we are to keep them vibrant. I note that in my town of Tralee there has been a downgrading of the town centre, which has not been helped by some of the larger employers locating to the edge of town. That must also be addressed.

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