Sharon Keogan (Independent) | Oireachtas source

I reiterate the view I have continuously expressed, namely, that we, as a nation, must learn to live with Covid-19. The virus is not going anywhere, especially in the current climate whereby variants from abroad pose additional risks. The Government and the approach it takes must evolve alongside this virus. I absolutely agree that the use of mandatory hotel quarantine should remain in place where essential. I wish to highlight and discuss, however, the structure, the practice and the conditions - an aspect which is of particular concern - within these quarantine hotels. Foreign travel must resume, albeit in a safe way. I stated this point previously also.

The most efficient and humane way of doing this is to place an emphasis on effective testing and tracing, as I have always stated. The use of mandatory stays at quarantine hotels should only be an exceptional measure and not the norm. I accept that Ireland is at a critical stage in its vaccination roll-out and that it is essential that this process is not undermined. I also acknowledge that the risks posed by variants from abroad are clear. The focus in the context of international travel out of and back into the State should be on PCR testing, with mandatory hotel quarantine being used only where necessary and once all other avenues have been exhausted. Where mandatory hotel quarantine is imposed on an individual, it is of the utmost importance that this is done in a humane and ethical manner, as guaranteed by an individual's rights. In fact, the Government has a responsibility to ensure that inhumane or degrading treatment does not occur in quarantine hotels. It is as simple as having respect for the integrity of the people involved, which I do not believe is happening now.

The imposition of quarantine in these hotels at its core is very simply a deprivation of individual liberty. Strong safeguards are provided for in the Constitution regarding the deprivation of liberty and these must be adhered to. Article 40.4.1° of the Constitution provides that, "No citizen shall be deprived of his personal liberty save in accordance with law". This has the effect of specifying a deprivation of liberty, such as a stay in a quarantine hotel, must be lawful. While I agree that it is the case that mandatory hotel quarantine has been imposed lawfully, the constitutional safeguards in place must be followed, and I believe they have been ignored. In fact, as previously stated, these hotels have been likened to prison cells.

The Irish Council for Civil Liberties, ICCL, in its briefing on the issue of mandatory quarantine hotels, points out that the effects of a stay in such a hotel would not impact only on an individual's right to liberty but equally on those of the family and the private life of the individual concerned. These rights are strongly protected under our Constitution. The briefing also highlights key issues concerning the conditions in these hotels, to which I will draw attention.There have been reports of concern surrounding access to fresh air, exercise, quality of food, water when requested and the size of rooms, which are of particular importance to families with small children or children with special needs. How can there possibly be concerns occurring about the quality of food and access to water when the cost of a stay is €2,000? What has the Government done to address this? The Government has not done anything to address these issues.

The Minister appears to be taking a reactive approach in creating classes of persons who will not be subject to mandatory quarantine. There has been no proactive response, thought or foresight into what class of person may fall outside the scope of a mandatory stay. Instead, the Minister simply places a blanket requirement on a group of individuals and waits until a problem has occurred before addressing it. The simple fact is that the emphasis should be placed on furthering the effectiveness of testing and tracing. An individual should be required to hold a negative PCR test before entry to the State and proper follow-up must be carried out in tracing.

We can no longer subject healthy individuals to a two-week stay in one of these hotels as liberally as we have. I do not disagree that mandatory quarantine hotels must be used, but only where the risk is extremely high, such as when a variant of particular concern has been detected. We must implement these stays cautiously, with proper scrutiny and only where they are absolutely necessary given the circumstances. I call on the Government to also address the conditions in these hotels where they have been clearly highlighted as an area of concern. We can no longer subject our population to these arbitrary stays as flippantly or liberally as we have been seen to. The Government should exhaust all other possible methods before subjecting an individual to hotel quarantine.

On the issue of unaccompanied minors, Tusla obviously takes these children into care when they come in and they are placed in what are called emergency homes. What level of care is the Minister undertaking to look after the parents or individuals in the homes those unaccompanied minors are going into?