Seanad debates

Friday, 6 November 2020

Criminal Justice (Enforcement Powers) (Covid-19) Act 2020: Motion

 

9:30 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

I welcome the Minister of State and this debate. Talking is a good thing. Reviewing is a good thing. Engaging in the parliamentary process is a good thing and that is the purpose of this amendment. It is to bring what are essentially emergency powers back to the Oireachtas in order for these institutions to have the opportunity merely to review, reassess and provide the Government, as well as both Houses, with a punctuation point at which to look at these powers again.

Senator Bacik got to the nub of the issue when she said these powers are in place. We have had the debate and the discussion around the elements and nature of the said powers. The amendment seeks to give us a breathing space to review them.

I concur to a point with Senator Ward in that none of us expects to be through the worst of the Covid-19 crisis come 9 February. That is not what this amendment is about, however. We had extensive contributions from colleagues across the House on this morning's Order of Business, talking about the real need to live with the Covid-19 crisis. This is an evolving development and changing situation. The sunset clause in February would allow us to react to the changing and evolving nature of that situation in a much more convenient, sensible and earlier fashion. In any crisis, particularly one of health and epidemiology such as this, I cannot see the logic for opposing a review of these powers in February.

I do not want to labour the point. The amendment speaks for itself. Colleagues have carefully outlined the rationale for such a check. I believe there is a rationale to it. We could debate the merits of the powers, their draconian and emergency nature, compliance and the rest of it. At the heart of this has to be the ability afforded to us. Seven months to June is too long for these powers to go unchecked and unreviewed without that punctuation point.

On that basis, I hope the Minister of State and colleagues on the Government side will think again. This amendment is intended in good faith. It is intended with a real sense of sincerity because it would strengthen our ability collectively to deal with this crisis. No one is saying that these powers, as they currently stand, would end on 9 February.What would happen is that we would have the review. The Minister of State imagined the lowering of some of the figures. Senator Bacik alluded to the crucial need for further all Ireland co-operation, co-ordination, responses, strategising and communication in dealing with this crisis, and I agree with this. I note the British Irish Council met today and it was also a point coming from its plenary meeting. If we are serious about taking on board all of these points, working within the confines of the existing powers, bolstering all-Ireland co-operation and co-operation between these islands, then I hope that February gives us ample time to come back and, I hope, in a changed, reduced and improved dynamic we can look at the powers again. I hope the Minister of State will accept the amendment. Unfortunately, unlike my colleague, Senator Bacik, if the amendment is not accepted I do not feel Sinn Féin can support the unchecked extension of these powers for seven months into June next year.

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