Sharon Keogan (Independent) | Oireachtas source

There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice. I oppose this Bill, both its spirit and letter. I also oppose the way that it and other measures such as the extension of the sunset clause for Part 3 of the Health Act 2020 and other draconian legislation which underpins this Bill are being railroaded through the Oireachtas with little or no time for pre-legislative scrutiny or debate on amendments.

Speaking as an Independent Senator, without access to the machinery of the State or a party, I believe this hastening and compressing of the legislative process is extremely prejudicial. We should make no mistake, the fundamental rights and freedoms of the people of Ireland are being seriously eroded by the lockdown restrictions and the introduction of harsh enforcement powers and criminal sanctions, including fines and imprisonment to force compliance. The Government tries to blame the virus for damaging the health and wealth of the nation, when it is the Government that is doing so with its repressive lockdown policy. There is no end in sight. It has no real solution to allow us to live with this virus.People are not stupid. The Government should not be treating them as such. If the Government had a sensible and sustainable plan to deal with the pandemic and allow people to get on with their lives, the people would adhere to reasonable and proportionate measures such as hygiene and social distancing. Criminalising people is a sign of failure on the part of this Government and that which preceded it. With this Bill, the Government is kicking people when they are down. It is losing the support and confidence of the people day by day with its ill-conceived, counterproductive and repressive measures. I oppose the introduction of further powers permitting the Minister to make regulations regarding fixed-penalty fines under section 31A of the Health Act 1947, as amended. The policing and enforcement powers and the creation of new criminal offences, fines and sanctions are quite extraordinary.

At a time when the people's morale is low, when they are under financial pressure, socially isolated, vulnerable and often unemployed and when the dole queues are expanding, we are kicking them. The Government has proposed a measure whereby members of the public can be fined €500 on the spot by members of An Garda Síochána for doing things that might not pose the slightest risk to anyone. In the context of prosecution, people can be fined up to €2,500 or be imprisoned for up to six months. I question just how fair, necessary or proportionate this is. I question whether these measures are necessary. I oppose the intrusion of An Garda Síochána into the lives and homes of innocent people.

I know very little about legislation. I know, however, that when someone like Senator McDowell points out a flaw and Senators from the Government party do the same, the Minister of State has a choice. He could decide to step out of the House tonight and come back tomorrow to amend the Bill and get it right. What is to stop him doing that? The fact that this legislation is being put in place from now until June 2021 is absolutely wrong. We are not going to bring the people with us. There have been seven deaths from Covid-19 tonight. That is very sad and all of those families have my sympathy. There have been 777 cases today, which represents a considerable drop in the numbers. Some 34% of those people are over 45 years of age. Yesterday, the Minister of State at the Department of Health, Deputy Butler, came before the House to tell us once again about the mistakes that are being made in nursing homes. We have not learned the lessons of the previous wave. However, we are punishing the people of this nation because of the failures of the Government and the health service it runs. I find that incredible.