Seanad debates

Friday, 23 October 2020

Health (Amendment) Bill 2020: Second Stage

 

10:30 am

Photo of Frank FeighanFrank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source

The regulation needs to be implemented. I accept that is an issue. Senator McDowell has very strong views and an understanding of the law. I appreciate his views. He has said that the Bill was badly drafted and that he has great difficulties with it. I have to take that on board. He talked about questions as to who was the householder and whether a son would not be deemed to be an occupier and so on. He rightly articulated these issues. The provisions do not cover all circumstances but aim to simplify prosecution. They have their limitations. We understand that this is emergency legislation and that it has its limitations. It introduces additional powers for An Garda Síochána under section 31A and is a step forward. I take on board the issues the Senator has raised regarding the occupier. The Senator also feels the Bill is seriously defective and not workable.

Senator Conway talked about the fines and the challenges of level 5. People are seriously ill and people will die. I appreciate the Senator's views. Senator Ward has said this Bill is unfortunate but necessary, if I interpret him correctly. He would prefer a consent model and to see the carrot and stick used. He was talking about rushing through all Stages of legislation but these are very difficult times. It is an issue which the Senator has discussed. He also talked about the difficulty in amending the Bill because the guillotine is to be used at 8 p.m.

Senator McCallion has said that Sinn Féin wants to save lives and spoke about the level of co-operation with the Government. She feels that while there had been good co-operation, the Opposition is no longer being briefed enough. I will bring that message back to my colleagues. All the parties are briefed but we will take on board the issue the Senator has raised. She talked about encouragement by gardaí and about an overly punitive approach, in respect of which she has tabled amendments. She also said that she supports the public health amendments, although she has difficulties with the approach taken.

Senator Hoey also stated that the legislation is flawed. She has been constructive in opposition and I recognise the work the Labour Party has done over the years. She highlighted issues of debate and democracy very articulately.

Senator Higgins also talked about the Bill being rushed through all Stages. She rightly mentioned the gap between Committee and Report Stages. We would sometimes like to see a gap of two or three days between these and not to rush things through but it seems this was not possible in this case. She talked about flaws in the Bill and we will take on board what she said about apartment blocks. I would like to think we will be able to address that.

Senator Dooley talked about people who have a desire to ignore the regulations. They are probably the reason this Bill is being brought in. He talked about people in the Dáil making dog-whistle comments and hoping to bring people out on the streets to defy the implementation of the health regulations. Sometimes it may be more of a foghorn than a dog whistle. This can be very concerning.

Senator Murphy talked about his difficulties with rushing legislation through and how he hoped Stages of this Bill would be taken next week. In light of the situation we face, it was seen to be very important that it be brought through as quickly as possible. He also talked about a carrot-and-stick approach. This works but there are people who want to undermine these measures. They have their own views but the way they express these views leads perfectly on to what Senator McGahon spoke about. He outlined very graphically the situation of the elderly couple at the bus stop. I was talking to ushers at the convention centre today and they said that, at the protest outside the Dáil yesterday, people were spitting on ushers and members of staff, and were taking photographs. All staff members deserve the protection of their employers. We are the Government. It is hard to believe that people feel that they can spit, spread the virus and infect somebody, who may infect somebody else meaning that somebody may die, and that they can get away with it. What is wrong in this country? What is wrong with these people who think they can get away with doing such a thing? That is why this legislation is being brought in. It is a reaction to these senseless, moronic people who think they can control our country. The middle ground must hold. The Senator is absolutely right; these people wear the national flag and call themselves patriots.It is an insult to the doctors, nurses, teachers and other front-line staff who have put so much, including their lives, at risk to try to save lives. Imperfect as it is, this legislation is trying to protect and save people's lives.

Senator Keogan spoke about the intrusion of An Garda Síochána and the seven deaths from Covid today. I did not see the figures on the 700 cases. I am not sure if the reduction is due to it being a Friday. If there is a reduction it is good to see. Nobody wanted it, but I hope that by bringing the restrictions to level 5 we can reduce the rate for the next two weeks.

Senator Bacik spoke of the Labour Party group and adequate time for the 45 amendments we may not get around to. The Senator referred to flattening the curve and the move straight from level 2 or level 3 to level 5. This is a strange and uncertain time and we had to go to level 5 on the advice of the Chief Medical Officer and NPHET. The Senator spoke of her concern about capacity in the system. The Senator also spoke of criminal law, goodwill and social solidarity and a less worse process, which I can understand.

Senator Carrigy referred to people who have limited adherence to these regulations and he spoke of his support for the doctors, nurses and the front-line staff. The Senator said that house parties and shebeens had to be stopped. We have seen it in every town, village and city that there are people out there, perhaps through social media or they are being mobilised and it is deeply frustrating. There is also a silent majority out there who want to comply with the law, who are doing their utmost, who have been cocooning for the past seven months, who are staying within the 5 km radius, and who actually want to save lives. These are the people the Bill tries to support. This is why the Bill will go through the House. I believe that everyone would agree the health and safety of people in Ireland must take precedence. Ultimately, this is why the Bill is before the House. It is to support the people of Ireland in tackling the spread of the virus and to show we are on the right track to getting back to some semblance of normality as a nation. The Government can bring in Bills and legislation, can support the front-line staff of doctors, nurses, teachers, gardaí and ambulance drivers, but the Government cannot do everything. The Government cannot wash people's hands for them. That is up to the people out there. We are in this situation because people may have become complacent. Perhaps we all got complacent. We are in a situation where our country is in peril and we have to dig deeper and we have to make more sacrifices.

I thank each and every citizen of this country and politicians from all parties and all strata of society in working together to suppress this awful virus. As the Minister for Finance, Deputy Donohoe, has said, there will be bright times ahead. In a year's time we will talk about having beat the virus. We can only beat it together and we can only beat it by working together. There are times, however, when we must bring in legislation when some outliers want to undermine the State. There are times when we must stand firm and united, take on these insidious individuals, and work together to beat the virus.

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