Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank the Cathaoirleach Gníomhach. I am here to introduce a resolution to extend the sunset clauses of three Covid-19-related Acts. The first is Part 3 of the Health (Preservation and Protection and Other Emergency Measures in the Public Interest) Act 2020, No. 1 of 2020; the second is the Health (Amendment) Act 2020, No. 19 of 2020; and the third is the Criminal Justice (Enforcement (Covid-19) Act 2020, No. 14 of 2020.

The House will know that these Acts are due to expire next week. They provide for time-limited emergency powers to protect human life and public health. These are powers that this House has already passed to meet the significant challenges we have faced to date in with Covid-19. We had hoped to be well along the road to transitioning away from mandatory requirements to an approach based on public health advice, personal judgement and personal protective behaviours. This, unfortunately, is not the case. This vicious disease has once again shown how quickly it can spread. Yesterday in the Dáil, we had an in-depth debate on these resolutions. Opinion is, of course, inevitably divided on the powers that these Acts provide and, in particular, on the extension for the three further months permitted given the temporary nature of the provisions. In this context, it is important to reiterate the public health environment that we are now experiencing.

Disease incidence is very high and rising. The 14-day incidence is nearly 700 per 100,000 of population, the 5-day case average is a little over 2,800 and reported cases today are likely to be well in excess of 3,000. Cases numbers are rising across nearly all age groups. While we are seeing a stabilisation in the numbers of people with Covid-19 in hospital, this is likely to increase again off the back of the current higher daily case numbers. We are in a place where we have to be concerned about the burden and impact that this level of disease is having, and could have, on our health and social care services in the coming weeks and months and, obviously, on public health and, indeed, on public life.We are already seeing the cancellation of procedures and operations across the country and we have to be concerned that things could deteriorate further. In its most recent advice to me, the National Public Health Emergency Team, NPHET, advised that the epidemiological situation in Ireland indicates a worsening disease profile, with the future trajectory very uncertain. It is for this reason that the Government, on the advice of the NPHET, decided to extend a range of public health protective measures on a mandatory basis. This means we need to extend these pieces of legislation that are before the House.

As has always been the case through the pandemic, the Government continues to commit to use these exceptional powers in a proportionate way. These are emergency powers directly proportional to the emergency public health environment. Their use is confined to mitigating the impact of the disease on the health of the public and they are not for prolonging a moment longer than is necessary in society.

I will provide a summary of each of the Acts. The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 allows me, as Minister, to make regulations giving effect to a range of public health measures for the purposes of protecting the public from Covid-19. The Health (Amendment) Act 2020 provides for fixed payment notices in respect of certain alleged offences under the aforementioned Act. The Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 provides additional enforcement powers to An Garda Síochána to address breaches of the relevant Covid-19 regulations by any business or service selling or supplying intoxicating liquor for consumption on the premises.

I remind colleagues of each of the sunset provisions in the three Acts that are pertinent to this debate. The original extension of the sunset clauses in each of these three Acts to 9 November next was provided for in the Health and Criminal Justice (Covid-19) Amendment Act 2021. This House approved these extensions when it voted to pass the legislation. Members will remember that I introduced an amendment to that Act, which originally provided for more than one extension of up to three months for each Act. The amendment I introduced and which was accepted by the House permitted only one extension of these Acts for a period of up to three months on the passing of a resolution providing for such extensions by both Houses of the Oireachtas, which is what we are here to discuss. After this one extension has lapsed, these Acts will no longer be operational. The resolution before the House today is to provide for this final extension of the three Acts until 9 February. Any requirements to extend these provisions beyond 9 February will require new legislation.

All present understand and appreciate the impact on people of this disease and the emergency measures put in place to deal with its harmful effects. I have highlighted previously that Ireland is not alone in this crisis. Indeed, across Europe and much of the rest of the world, Covid-19 has had a devastating effect on individuals, communities, societies and economies. We are again seeing a changing situation across the EU, with rising incidences in many countries. The measures we have decided to retain in Ireland are included in those that other countries are currently reaching for to deal with this surge in the Delta variant.

These are not easy decisions for us to make. They do not sit easily with us in government and I know they do not sit easily with any Member of the Oireachtas. It is the stated hope of the Government that we will not have to be in a position to use the provisions in these Acts any longer than is currently the case, but I must again reiterate the caveat that we simply cannot know what will face us in the coming months.

Of course, the reason we are able to keep so much open in spite of the current case numbers being so high is our vaccination programme and, critically, the fact that so many people across the country have stepped forward to protect themselves and everybody else, as well as the healthcare system and workers. I acknowledge the very broad, generous and strong support right across the political spectrum in this House and the Dáil in encouraging people to step up and get vaccinated. It has been really important and I thank all colleagues in the Chamber for their help in that regard. As Members will be aware, we are continuing to send our message and are still reaching out to the 7% who have yet to be vaccinated. Those who are unvaccinated account for a highly disproportionate burden on the healthcare system because they are so much more at risk. Approximately half of Covid hospitalisations and nearly two in three ICU Covid admissions are from this very small group who are yet unvaccinated.

I am very happy to be able to share with colleagues that it appears that recent appeals to people to step forward, do the right thing and get vaccinated are being received well. In the past two weeks, there have been approximately 24,000 new registrations, and more people who had not got around to getting a second dose are coming forward to get it. That is very encouraging. Obviously, we need to continue with that and I ask all colleagues for their help in getting that message out and encouraging people to do the right thing and get vaccinated.

As colleagues will be aware, the booster programme for the most vulnerable is now well under way. Those who are immuno-compromised are receiving a third dose. Residents of long-term residential care aged 65 or over have been receiving a booster dose, as have those aged 80 or over in the community. As colleagues will be aware, we are starting this week with those aged 60 to 79. Earlier this week, I was very happy to be able to authorise booster vaccines for healthcare workers. Adding up all those groups, we are at approximately 1.3 million people in terms of boosters. We may go further, but it is very encouraging that that is happening right now.

The continuance in operation of these emergency powers maintains the potential and flexibility to respond to this emerging Covid threat that is jeopardising public health. It is a surge that we cannot allow to go unchecked. The Government must act with caution to ensure the most vulnerable continue to be protected to the best of our ability. In essence, the motions before the House ask for agreement such that we would be able to continue with Covid measures on a regulatory basis for the next 13 weeks. That is it. When this one sunset clause ends, there will have to be a whole new suite of legislation should we seek to be able to continue with this.

This relates to things like the Covid pass which has allowed large section of society to open and stay open. Was it not wonderful to see the entertainment sector, artists, musicians and singers being able to get back to what they love to do? That was only possible because of the Covid pass. Much of the opening up of sporting events was only possible because of the Covid pass. The opening and keeping open of hospitality such as pubs and restaurants was possible because of the Covid pass. The mandating of face masks in retail, transport, healthcare settings and other settings is among the things that are only possible because of this legislation and these regulations. Were the House to vote against this one extension, essentially, next week the State would no longer be able to insist on the use of face masks in places where public health experts tell us they are essential, the use of Covid passes or the use of a great number of measures that have very wide public support.

There was a very good debate in the Dáil yesterday on a private Members' motion in respect of healthcare workers and there was a genuine expression of support for healthcare workers from right across the Dáil. I know all Members of this House feel exactly the same in that regard. The motions today allow us to continue to protect healthcare workers such as nurses, midwives, doctors, students, therapists and everyone else working in the healthcare community in hospitals, communities, mental health services and disability services right across the country. I am asking the House for agreement to the extension of these measures for 13 weeks - at which point there can be no further roll-overs - in order to protect public life, the healthcare system, patients, healthcare workers and jobs and keep the economy open. I commend the motion to the House.