Frances Black (Independent) | Oireachtas source

Gabhaim buíochas leis an Leas-Chathaoirleach.

I welcome the Minister to the Chamber. It is the first time we have been in the Chamber with him, so it is good to see him here. Thankfully, there appears to be a light at the end of what has been a very dark tunnel. I commend the Minister on the work he has done in taking on that role as Minister during a very difficult period in the history of the State. Not only did he have to deal with the pandemic but with all of the data issues as well. At times during the pandemic, it seemed as if normal life, or at least a version of it, might never resume. Thanks to the sacrifices and the sensible decisions made by the Irish people, we are back on track to seeing most of the remaining public health restrictions lifted on 22 October. Thanks to the impressive rate of vaccine uptake and the buy-in by the Irish people to the remaining public health restrictions, we have avoided the worst case scenario as modelled by NPHET, both in terms of case numbers and deaths attributable to the virus throughout the summer months. Additionally, we have had fewer deaths attributable to the virus throughout the summer that was modelled in NPHET's best case scenario.

Despite this relative success, we need to progress with caution from this point. Breakthrough cases persist in some people who have been fully vaccinated and the risk of infection remains high for those people in Ireland who remain unvaccinated. While our case numbers are stable, they remain stubbornly high. Our hospitals remain under pressure and we must ensure they have the capacity to deal with the seasonal surges in presentations this winter. I have full confidence in the Irish people to look after one another as they have done so well over the past 19 months.

Different industries and sectors of society have all made sacrifices throughout the pandemic but, as I have said here many times, our hospitality, entertainment, cultural and creative sectors have, potentially, shouldered a greater burden than many others. There is no doubt about it that 22 October is a beacon of hope for those employed in those sectors and those who take so much from them, socially and culturally.

While the Government is confident at present that it will not require the emergency powers as set out in the Health (Amendment) Act 2021, it has decided to extend the legislation which underpins these powers as a precautionary measure. I understand the rationale in doing so and the caution around it but I remain concerned that the continuation of this Act makes legal provisions for an Irish society in which people can be treated differently on account of their vaccination or health status. While the Government may not utilise the powers as set out in the Act past 22 October, there will remain provision for it to do so as it sees fit until the legislation expires on 9 January 2022. We must, therefore, have the conversation as to what will happen in the circumstances where the emergency powers are required. I invite my colleagues in the Chamber, in the Government and in the Cabinet to speak to those considerations.

If the Government chooses to invoke its powers as set out in this Act over the coming three months, it must ensure that expert public health modelling informs its decision-making while also actively consulting with experts in human rights and civil liberties. Additionally, those sectors which will be affected by this legislation must be consulted and communicated with regard to Government decision-making in a clear and transparent way.

While there is a specific endpoint to the legislation, it is vital that we ensure that it is adhered to. However, with this in mind, what does the Government suggest might happen if the public health landscape deteriorated to such an extent that it required the emergency powers to be extended past the date currently provided for in the Act? Expert groups on the protection of both data and civil liberties have expressed concern about the use of the Covid-19 tracker app as an e-wallet within which to store the digital Covid certificate. These concerns were raised with the Department of Health, the Department of Public Expenditure and Reform and the Data Protection Commission in the first iteration of this Act. These concerns, to my knowledge, have not been adequately addressed to date.

Specifically, I would welcome assurances that the use of special data in this way, medical data in this case, is not demonstrative of an instance of scope-creep by the Government. Further, I ask for assurances that the data protection impact assessment undertaken in designing this app and the EU digital Covid certificate, DCC, was thorough and considered the principles of necessity and proportionality, having adequately assessed risks and the safety and security measures necessary to mitigate it.

While people are not required to upload their digital Covid certificate to the Covid tracker app, this is the format in which many people are storing their certificates. We must ensure that the sensitive personal data that we are storing and processing to facilitate this is kept as safe and as secure as it can be.

I thank the Minister and commend the Irish people on the Trojan efforts made to keep people safe throughout this pandemic. I hope with all of my heart that this sense of unity and togetherness is something that we continue to hold on to long after the darkest days of this pandemic are well behind us.