Dáil debates

Tuesday, 7 November 2023

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

 

5:00 pm

Photo of Ruairi Ó MurchúRuairi Ó Murchú (Louth, Sinn Fein) | Oireachtas source

My colleague, Deputy Martin Kenny, concluded his remarks on a similar motion last year to renew these provisions with the following: "I hope this is the last time we are doing this and that full and proper measures will be in place before we have to return here in six months."

While I can appreciate there are other priorities, it is good to have legal certainty when it comes to things which affect the public. This is especially true with regard to measures that will cost businesses money. Renewal debates such as this demonstrate that there is an ongoing need for the legislation yet not enough is being done to effect the necessary changes. In that respect, the Health (Parliamentary Oversight of Certain Instruments Relating to Covid-19) Bill 2021, moved by two other colleagues, Deputies Daly and Cullinane, sought to create this certainty.

While I accept it is somewhat redundant now, the purpose of the Bill was to provide for a greater level of parliamentary oversight of ministerial regulations made under section 31A - regulations for preventing, limiting, minimising or slowing spread of Covid-19, and orders made under section 31B - affected areas orders relating to Covid-19, of the Health Act 1947. The Bill proposes 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 in order that they can continue to have effect. Otherwise, they are annulled but without prejudice to anything previously done under them. The Bill also enables either House of the Oireachtas by resolution to annul such an order or regulations before that time limit expires, again without prejudice to anything previously done under them.

This mirrors how regulations worked in New Zealand and is a better approach to what we saw under Covid and what we have in relation to this debate. The measures at hand introduced changes in the law to allow for the sale and consumption of alcohol in outdoor seating areas. There was a previous legal uncertainty in regard to the sale and consumption of alcohol in outdoor seating areas. I am sure we all remember the various creative efforts at outdoor smoking areas but nonetheless, the obligations the Act places on good order in those areas are preserved. We cannot allow for free-for-alls when it comes to these areas. I know there were also issues with regard to pavements and other outdoor areas with different premises laying claim to them. That has, by all accounts, settled down now. The maintenance of these areas requires security staff in most instances. I also welcome the recent victory by the Government over some select firms who were holding out in terms of the sectoral payment order. A triumph over the sectoral orders would have been a retrograde step, as well paid and regulated security staff can be an important part of maintaining public safety.

I mentioned other priorities earlier and in that context, I welcome the positive news in the briefing note that there will be a short Bill coming soon to make permanent some of the changes contained within these temporary measures. Much work has gone into the sale of alcohol Bill 2022, and the justice committee is publishing its report on the Bill tomorrow. The repeal of the different Acts involved, some of them frankly ancient and Byzantine, and the establishment of the different categories of licence to replace the existing situation will take some time. I trust this work is ongoing in the Department. An interim Bill to address outdoor areas is definitely a sensible step.

It feels strange to be talking about Covid in the past tense, yet it remains with us in many ways. The hope that it would become both endemic and trivial within the population, with the help of a vaccine, has come to pass. This is notwithstanding those with long Covid or other conditions that require shielding. However, there are a number of areas where the legacy of the pandemic continues and these must be addressed urgently. For instance, Sinn Féin's spokesperson on health, Deputy Cullinane, has called on the Minister for Health to reboot the national cancer strategy. This reboot is necessary given that as many as one in 12 expected cancers were not detected across 2020 and 2021. Obviously other measures needed to be taken during those years. I understand only 75% of patients are attending rapid access clinics within the recommended timeframe and only 72% of patients commence radiotherapy treatment within 15 days of being deemed ready for the treatment. The target for both of these services is 95%. We must do better on these targets. I appreciate this is not in the Minister of State's area of responsibility.

The remote working revolution has done much to benefit many across the State and this island, including my own county of Louth, although there are cross-Border issues in particular that need to be addressed. This was introduced due to Covid and has brought mixed blessings for workers. The expectation to be always available is tempered with the increased opportunities to care for family. Our own proposals around the right to disconnect can help to strike the right balance. Some employers, worryingly, are turning towards increased monitoring and other measures. One cannot get blood from a stone. Workers will be more productive if they are given time and space to live full lives. In this context, the recent bankruptcy of WeWork is a telling indicator of where things are headed. Sinn Féin has long advocated for more State involvement in the construction of housing, as the market will provide what is profitable rather than what is necessary. A lot of capital, human and financial, was expended building office spaces that are now in danger of becoming redundant. These are just some of the legacies of the Covid-19 pandemic. Many of these effects would have unfolded regardless, given the light touch applied by the Government, and its pursuit of tax breaks and other measures. In the case of the motion at hand, we are happy to support the Government and look forward to the permanent proposals being introduced soon.

The Minister of State referred to the new operating model for the Garda. I welcome many aspects of it and the streamlining but once again I put on the record that I have serious worries in relation to the Louth division being amalgamated with Cavan and Monaghan, and one superintendent being responsible for serious crime across that entire region. It is something that will need to be considered at a later stage if it does go ahead.

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