Sharon Keogan (Independent) | Oireachtas source

I congratulate the Minister of Justice, Deputy Helen McEntee, and her husband Paul, on the birth of their baby, Michael Shane. As the Seanad has not yet done so, I congratulate the Minister on the birth of her son.

I welcome the Minister of State to the Seanad and thank him for taking the time to listen to our statements on these important topics of public concern. I thank the Leader, Senator Doherty, for organising this debate and acknowledging the need for debate on the topic, which I broached on the Order of Business on 26 April. Against that backdrop, there are two strands to Ireland's stated and reported plans for vaccination-type certificates which need to be considered. These are the EU Covid-19 certificate and the domestic vaccine passport system.I understand that there are pros and cons for the introduction of a Covid-19 passport of some type. I agree that we must consider any solution, technical or otherwise, that might help to navigate our way out of the different levels of lockdown and return to normal life. The digital green certificate is being presented as a solution to facilitate travel and on the surface it would appear to provide some reassurance. I wonder however if a Covid-19 passport is really necessary or if it will help to prevent the spread of the disease. It is interesting to note that the International Air Transport Association believes that they are not necessary and the World Health Organization has expressed doubt about them too. Naturally, I want to see the reopening of the country to travel, tourism, social and sporting events and public gatherings. On the other hand I have real concerns about the introduction of a Covid-19 passport that could result, either now or in the future, in discrimination, surveillance of some description, or would impinge in an unjustifiable way on the fundamental rights and freedoms that every citizen should enjoy.

Ireland is not a paper-carrying country nor in my considered view should it ever become one. On a cautionary note, we do not want see the introduction of any type of health passport, health database or ID card by stealth. When a new power, technology or something like this is introduced, there is almost always function creep. History tells us to be careful about sleepwalking into a situation where we label some people as being clean and others as unclean or as potential vectors of disease.

Equally, we need to be careful about the State making promises to keep people safe in exchange for accepting more State control over their lives. The Patriot Act, which was passed in the US after the 9-11 tragedy, resulted in the unconstitutional mass covert surveillance of the American people by the National Security Agency and is a case in point. The fact that some people in Israel have taken to wearing a gold star as a symbol of opposition to the green pass regime there is a stark reminder of history too.

The European Parliament has recently approved the digital green certificate and it is to be up and running in the EU in June. By the end of June I understand that the Government target is to have over 80% of the population vaccinated with at least one dose. Virtually everyone at risk will either be vaccinated or will have had vaccines offered to them. Effectively, we would have reached the point of herd immunity.

Given the efficacy of the vaccine, one would anticipate that there would be virtually no hospitalisations or deaths attributable to Covid-19 once that percentage of the population is vaccinated. Would it therefore be a real significant risk to public health if someone with Covid-19 entered the jurisdiction without a green certificate when the population had been vaccinated or had acquired immunity or both? Logic would suggest that it would not be.

With uncertainty still surrounding the length of time immunity lasts from the time of vaccination, as well as uncertainty regarding the ability to transmit the virus after being vaccinated, how much use would the green certificate be as a reassurance that the holder of the certificate is not prone to being infected or, more importantly, that he or she will not spread infection?

Certainly, those who test negative in order to obtain a green certificate and who are not yet vaccinated are vulnerable to the infection and upon infection, are likely to spread the disease. To what extent is private enterprise involved in the digital green certificate programme? What is the cost to the State? What is the evidence-based explanation as to the effectiveness and necessity of the digital green certificate to stop hospitalisations and death?

Therefore, while some of the questions above in respect of the EU certificate also apply to any proposed domestic certificate, I nonetheless outline the concerns and questions that I have regarding a domestic certificate. Will the Minister clarify what measures and initiatives are planned in respect of a domestic certificate system in Ireland? How would any domestic system work? What would it be used for? What would be the legal basis for a domestic vaccination passport?A domestic vaccination certificate would lead to discrimination against people who are awaiting a vaccine, who cannot receive a vaccine for medical or disability reasons or people who simply do not want the vaccine. How would the Irish authorities safeguard against this? How would such a system comply with Article 7, privacy, and Article 8, protection of personal data, of the European Charter of Fundamental Rights? How would it comply with Article 6 of the general data protection regulation, GDPR? How will it comply with the principles of effectiveness, necessity and proportionality? In recent media reports, the Minister of State, Deputy Ossian Smyth, said that the pilot system on digital passports had been running with a sample group of healthcare workers over the last couple of months. Who is running this pilot scheme? What are the details of the pilot scheme? Has a data protection impact assessment been carried out and, if so, will it be published?

Notwithstanding my questions and reservations about the digital green certificate, I am somewhat reassured by the fact that the MEPs agree that the system should be in place for no longer than 12 months. The document should neither serve as a travel document nor become a precondition to exercise the right to free movement. In order to avoid discrimination against those who are not vaccinated, and for economic reasons, EU countries should ensure there is universal, accessible, timely and free-of-charge testing.