Seanad debates

Friday, 25 September 2020

An tOrd Gnó - Order of Business

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I echo Senator Buttimer's comments welcoming the provision of extra funds for a comprehensive winter strategy. However, I have been writing and speaking for some time on one issue, which is that we should have clear indications of what was done between March and now to increase hospital capacity and particularly intensive care unit, ICU, capacity. I agree with Senator Buttimer that this is, effectively, the line of last resort and that keeping people adequately treated and cared for in their homes is the optimal strategy. We must have a clear view of what has been achieved and what is intended to be achieved. I do not wish to be unfair to anybody, but I have heard senior administrators and Ministers being asked about what was done between March and now in respect of ICU capacity and they have all ended up talking about washing one's hands and wearing masks. There is something wrong. People are not being frank with the public about these matters.

I have a second comment on this. With regard to the regulations made under the Health Act 1947, the Government should be in a position to make those regulations on an emergency basis, but the regulations should be required to be given a positive consideration by each House of the Oireachtas for them to last a considerable period. I am not trying to ape Westminster, but I notice that MPs on all sides in Westminster are now coming to the conclusion that they are excluded from considering the merits, proportionality or reasonableness of the regulations and are not in a position to deal with the fairness or unfairness of some of them.We live in a parliamentary democracy where the Government can, in certain circumstances, make emergency decrees but we are now living in a system of government by decree. The very least we can do, and should do, is to amend the Health Act 1947 to provide that if something drastic has to happen immediately in Dublin, or wherever, to cope with a crisis arising from Covid-19, it can be done, but the regulations, if they are to endure beyond a certain period of time, need a positive consideration by both Houses of the Oireachtas. That seems a reasonable thing to ask so that we do not just carry on with government by decree. I ask the Leader to ask the Minister for Health to come before the House and consider amending the Health Act 1947 to provide for such parliamentary scrutiny.

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