Seanad debates

Friday, 6 November 2020

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

 

9:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I have tabled an amendment to the motion that would also set a date of February. It is identical to the amendment tabled by Sinn Féin and when Sinn Féin presses its amendment I will support it. I want to be clear, because there have been a diversity of reasons put forward on this, that my reasons may be different to those of others in the House, including Senator McDowell. I do not propose a date of February because I believe that by any stretch we will have dealt with the Covid-19 crisis by February. We are facing a very serious situation regarding Covid-19. It would be irresponsible to encourage or chase in any part of the political system the narrative that has been put out by the potentially exiting President of the United States and others, which suggests things have been exaggerated and seeks to put a pejorative framing on health experts. Language such as "doom merchants" is not helpful. In fact, the greater concern we have had with regard to Covid-19 has been merchants. At points, including last June, when Ireland had lowered the number of cases to a point where zero Covid was in sight and a possibility, there was by the then Taoiseach and now Minister for Business, Enterprise and Innovation, Deputy Leo Varadkar, a decision to accelerate and move towards a more speedy opening of a variety of establishments. This was unhelpful. We heard the idea that pessimism and realism are somehow a point, and that pessimism is the medical side and realism the economic side. Let us be clear; realism comes from the science. The Minister, Deputy Varadkar, was praising an optimistic policy in Belgium, which now sees more than 1,000 people in ICU and, potentially, cases having to be taken to Germany. It sees doctors and nurses who themselves have Covid 19 having to continue to work because the health system is at such a crisis point. In the United States we see that 250,000 people have died. I do not understate the crisis. If anything, the Government has itself understated and underinvested in the actions needed to address the crisis.

My concern and opposition to the June date is because I do not believe the failures have been from lack of powers for the Garda. There have been failures of policy. It has been a failure with regard to a quarantine policy and giving adequate isolation supports, particularly for people in congregated settings, be it residential care, direct provision or family hubs. There has been a lack of clear and proper systematic tracing and tracking, not simply looking forward to new contacts but looking back to where cases originated and making sure asymptomatic spreaders are identified and that there is support for people. Instead of putting individual responsibility on everybody when everybody has very different circumstances the State needs to step up the support for people who have shown a spirit of compliance. These are the failures.

Let us be clear that when the legislation was introduced it was so the pubs could open. It was not because there was a huge crisis of cases in pubs, it was to allow the pubs to open so that the Government could still say it was sending a firm message. We need to move past this type of messaging and get into actual action and policy. I want it reviewed in February not because I believe the Covid-19 crisis will be gone or that the virus will be gone but because I believe we will need to see whether it is contributing or simply an empty threat that has not been founded.The Government is not allowed to have suspensions of rights just in case. Such suspensions need to be necessary. If what we are discussing is not being used and turns out to not be necessary, proportionate or relevant in February then, perhaps, we can allow ourselves to have a proper discussion about measures that might be more useful. It is appropriate that this be reviewed after three months. The Government has not earned a seven-month blank cheque in terms of yet more emergency powers. We want to see a shift in policy.

I must comment on mental health because the argument in that regard is being used a little bit. The mental health message to those many individuals in society who are at high risk or who have underlying conditions is to say that the convenience of society in general is more important than their survival. This is important. It is a negative mental health message to send. We need to be careful about how we use messaging relating to mental health. There are issues with mental health policy in Ireland to do with under-resourcing and they need to be addressed. Again, they can be addressed through policy.

I support the Sinn Féin amendment and, indeed, I will be pressing my amendment in which I suggest that February would be a more appropriate expiry date and would be more apt in the context of reviewing and scrutinising these measures. We can see if they are, in fact, assisting or evaluate what other, more appropriate measures might be needed to deal with the ongoing Covid-19 crisis. I have no doubt that it will still be with us in February.

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