Sharon Keogan (Independent) | Oireachtas source

I thank the Minister for coming to the House. The purpose of this Bill is to extend the emergency provision contained in a number of pieces of emergency legislation enacted at the onset of the Covid-19 pandemic. Without this extension, the emergency provisions would expire on 9 June 2021 and along with them the emergency powers to circumscribe the rights of individuals and impose penal sanctions on them. This legislation was enacted under the aegis of expedience given the nature of the Covid emergency. Since then, there have been consistent calls for an in-depth examination of the human rights implications these measures carry. Has the Government conducted any human rights-proofing analysis? If not, there must be some extraordinary excusing circumstances to render this analysis impracticable. The simple fact of the matter is that no such circumstance exists to preclude such an analysis. The truth is that the Government simply did not bother with human rights proofing as if it was some unnecessary, insignificant or inconvenient matter. The result is that this Bill is being hastily passed through the Oireachtas with mere lip service paid to the human rights implications it will have - déjà vu. How often must we be corralled into the same flawed parliamentary process that has distinct and troubling overtones of executive over-reach? Those on the other side of the House can deny it but their actions speak louder than their empty rhetoric.

The Bill essentially has the effect of allowing for an extension of five months to 9 November 2021 of all emergency provisions and will provide that they may be extended by a resolution of both Houses of the Oireachtas for up to three months at a time. The open-endedness of this Bill that permits a further three-month extension means that these measures may be permitted by law on a continual and potentially perpetual basis. This can no longer be said to be a necessary or proportionate response. To impose such measures where they are not necessary will result in a loss of trust in Government, which is of great importance during a pandemic when such public trust in Government is vital to ensure compliance with the public health advice.

Therefore, I propose that the Bill be amended to extend the emergency powers only until 30 September 2021. I propose to amend the following sections. Section 1 should instead provide that Part 3 continue in operation for a period beginning on 10 June 2021 to the end of 30 September 2021. While I recognise that the enactment of legislation to allow for these emergency powers was in the past arguably necessary, I can no longer accept an extension beyond 30 September. The extension of these powers in the absence of a robust analysis and compelling evidence to the contrary is not demonstrably necessary and by virtue of that, disproportionate. Therefore, I philosophically object to the continuation of the harshest and longest Covid-19 measures across Europe and the curtailing of the fundamental rights of the citizen. Article 28 of the Constitution of Ireland only permits limitation on individual rights in times of war and armed rebellion. There is no express provision for limitations to be placed in times of public health emergency such as the Covid-19 pandemic. In the absence of any express constitutional permission, legislation restricting the rights of the individual is subject to a requirement of necessity and proportionality, as laid down by the courts in Heaney v.Ireland. Under Article 15 of the European Convention on Human Rights, the measures limiting human rights must come within a permitted timeframe of human rights law. Under this framework, the Government is required to take measures only when they are necessary. Each measure that restricts or limits a right must then satisfy a test of proportionality. In a democratic society, the restriction must be necessary to meet a pressing need and must be proportionate to a legitimate aim to be achieved. The aim here is the prevention of the spread of Covid-19 within the community thereby preserving public health. As it is required by such obligations under international law and the decisions of the Irish courts, a further restriction on individual rights through this proposed extension is subject to a requirement of proportionality.I submit that this proposed extension can no longer be satisfied.

I also want to raise the issue of the rollout of the vaccines in pharmacies. We need to get the vaccines out quicker and the pharmacies are there and are ready and willing to do it.