Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I welcome the opportunity to present the Health and Criminal Justice (Covid-19) (Amendment) Bill 2021 to the House. The purpose of the Bill is to extend the period of application of certain emergency provisions that have been critical to the Government's response to the pandemic. The emergency provisions that are to be extended are in the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, the Emergency Measures in the Public Interest (Covid-19) Act 2020, the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 and the Health (Amendment) Act 2020. As the House knows, certain emergency provisions in all these Acts expire on 9 June next. The Bill I am presenting to the House today provides that the operation of the emergency provisions concerned in these Acts be extended for an initial period of five months to 9 November next. Any further extensions are limited to a maximum of three months at a time thereafter and must be approved by a resolution passed by each House of the Oireachtas.

These legislative provisions are very important for breaking the chains of transmission of Covid-19, protecting public health and life, and protecting critical services, including our health service, education and other priorities. The Members of this House will know the trajectory of the Covid-19 disease continues to be precarious, and there are still considerable uncertainties regarding what measures may be needed over the course of the rest of this year. Our response is premised on the need to preserve and protect public health by slowing the spread of the disease, reducing its impact on us and limiting its impact on our society and economy. The public interest is best served by having the provisions in these Acts available for times when they are required for the protection of public health.

Vaccinations offer significant protection at an individual and population level but it will be some time yet before there is a sufficient level of the entire population fully vaccinated. Moreover, while there is emerging evidence regarding the efficacy of available vaccines, information is incomplete regarding the impact these vaccines will have on transmission, the length of vaccine induced immunity and the potential impact variants may have on vaccine effectiveness. In general, international agencies are continuing to advise a range of non-pharmaceutical measures are used until there is a greater understanding of the role of vaccination on the course of the pandemic. We have made significant progress in suppressing the spread of this virus but we are not out of the woods yet. I will now outline some key provisions of the Bill in more detail. The Bill is divided into five sections. Section 1 amends section 2 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 to allow for an extension of operation of Part 3 of the Act from 10 June 2021 to the later date of 9 November 2021, or a date specified in a resolution passed by each House of the Oireachtas under new a subsection (6), to be inserted into section 2. Subsection (6) provides that each House of the Oireachtas may pass a resolution from time to time to extend the date of operation of Part 3 for a period that does not exceed three months at a time. The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 inserted sections 31A, 31B and 38A into the Health Act 1947. Section 31B allows the Minister for Health to make an affected area notice. The State as a whole has been deemed to be an affected area since 7 April 2020. Section 31A provides for the making of regulations for preventing, limiting, minimising or slowing the spread of Covid-19 to a region where an affected areas order applies.

Section 2 of the Bill amends section 1 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 to allow for an extension of operation of Part 5 of the Act along the same terms, with the effect that Part 5 of the Act is extended from 10 June 2021 to 9 November 2021 or the date specified in a resolution passed by each House of the Oireachtas, with the Houses being able to pass a resolution from time to time extending its operation for a period that does not exceed three months at a time. The emergency measures in the public interest Act amends the Mental Health Act 2001 to adopt a cascading approach to the role of the independent consultant psychiatrist and the role of mental health tribunals, which review orders involuntarily detaining patients, whereby pre-Covid measures are retained in the Act but, where it is not possible to operate these measures safely, there are provisions in place to ensure the review of detention can continue remotely in the current public health emergency.

Sections 3 and 4 of the Bill provide for the same amendments and terms of extension for the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 and the Health (Amendment) Act 2020, respectively.

The Health (Amendment) Act 2020 provides for the making of regulations to prescribe penal provisions in the regulations made under section 31A of the Health Act 1947 to be fixed-penalty provisions and dwelling-event provisions.

The Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 provides An Garda Síochána with statutory enforcement powers in regard to licensed premises and registered clubs to ensure adherence with public health measures on premises where alcohol is sold for consumption on the premises.

In considering whether this Act should continue in operation, the Minister for Justice, Deputy Humphreys, consulted the Garda Commissioner. Commissioner Harris advised that if the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 were not extended beyond 9 June 2021, members of An Garda Síochána would not have a clear lawful basis for entering a licensed premises to address breaches of the Covid-19 regulations. Liquor licensing legislation would not provide a power of entry for the specific purpose of addressing breaches of Covid-19 public health regulations.

I compliment the Garda Síochána on its work during this national effort. It has continued to take a measured approach at all times. It continues to engage, educate and encourage, and to enforce only as a last resort.

Section 5 of the Bill provides for the Title of the Act as the Health and Criminal Justice (Covid-19) (Amendment) Bill 2021 and provides that the legislation shall come into operation on 10 June 2021.

As I have said before in the Oireachtas and elsewhere, these powers do not sit easily with me. However, I believe they have been required up to now to support public health measures and advice and guidance. The Government wants to lead our return to normality as quickly as possible, but also safely. We want our society and economy to return to normal functioning as soon as possible but we do not want to have to go backwards.

I welcome this opportunity to provide an overview of the key provisions in the Bill and I look forward to discussing the Bill in more detail on Committee Stage and to listening to colleagues' contributions during this Second Stage debate. The Government believes ensuring the continuation of these measures is the responsible thing to do. I commend the Bill to the House.