Lynn Ruane (Independent) | Oireachtas source

Our amendment, No. 3, is part of this grouping. It relates to the extension of the emergency measures by resolution. The emergency measures introduced by the Health (Preservation, Protection and other Emergency Measures in the Public Interest) Act 2020 and the other relevant Acts last year are extraordinary. They are unlike any other emergency legislation we have seen in recent history. Although they may be necessary, there is no doubt but that they amount to a substantial restriction on human rights and civil liberties. The Bill, as currently drafted, provides that the operation of these emergency measures may be extended by a resolution passed by each House of the Oireachtas. At the same time, the Bill neglects to set a limit on the number of resolutions that could be introduced to keep these measures in operation. In practice, it means that the Bill does not provide for a real sunset clause. It is therefore possible that the operation of the emergency legislation could be extended indefinitely by a series of three-month resolutions. The Civil Engagement Group is moving its amendment to ensure the emergency measures, as issued, may be extended once and only for two months. If the Government wishes to extend the operation of the legislation beyond that period, it must do so in the form of a Bill, to be scrutinised and debated in the Houses of the Oireachtas. A resolution or motion is not a substitute for legislation. This is especially the case when the legislation at issue is as far-reaching and consequential as the emergency legislation we are debating today.

The various Stages of the legislative process are not just a series of formalities or boxes to be ticked. They exist to ensure laws delineating rights and obligations are properly scrutinised. We ask that the Houses of the Oireachtas be given the opportunity to perform their function and to scrutinise and debate this important legislation.