Seanad debates

Wednesday, 3 November 2021

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020: Motion

 

10:30 am

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

The Minister is very welcome. It is only a few short weeks since we gathered in this Chamber to debate the Health (Amendment) (No. 2) Act 2021, which saw the sunset clause on emergency powers extended by resolution until the 9 January 2022. We were all hopeful in the intervening weeks that the epidemiological situation would improve to such an extent that these emergency powers, while provided for in legislation, would not be required. Unfortunately, the epidemiological situation has deteriorated further in the interim and we are currently seeing infection rates as high as those at the beginning of this calendar year. That is really sad. The current trajectory of the disease is of concern, especially as we head into the winter months. I am worried about the impact that the current infection rates will have on our families, friends and communities. I am also very concerned about the impact that the disease will have on and in our hospitals.

I advised in that last debate that we needed to continue to progress with caution and I maintain that view today as it relates to the Health and Criminal Justice (Covid-19) (Amendment) Act 2021. I would love to be able to stand here and confidently say that early 2022 will herald the end of this awful disease and spell the end for the powers required to contain it. However, as we have learned over the course of this pandemic, Covid-19 can make a fool of our best-made plans.

The powers as legislated for in the Health and Criminal Justice (COVID-19) (Amendment) Act 2021 may well be required past the proposed end date of 9 February 2022. This is something we need to acknowledge openly in both Houses. We cannot say with any sort of certainty that this will be the last time that we require this legislation as Covid-19 may simply demand these responses of us. I know that this is not what the Irish people want to hear but we really do need to be clear and transparent with them.

I again stress the importance of this, and any future emergency legislation, containing an end point. This is something that myself and my colleagues in the Civil Engagement Group brought attention to during the Second Stage debate on this legislation earlier this year. The legislation as enacted is far reaching and has significant implications for our society. Because of this, we must ensure that it undergoes the correct democratic oversight and scrutiny as opposed to being continually extended by simple motion and resolution. The fact that the legislation, when first introduced, did not provide for this was highly unsatisfactory. I am thankful that the Minister was very receptive to making amendments to take account of this and that he ultimately inserted a sunset clause into the legislation to state that it can only be extended once by resolution, for a period of three months.While I and my colleagues in the Civil Engagement Group would have liked this amendment to go further, I am glad that this is the last occasion on which we will need to pass legislation of this nature by simple resolution. It may be the case that we will require similar legislation past 9 February 2022 but we must ensure that it first undergoes the necessary scrutiny in both Houses. My colleague, Senator Alice-Mary Higgins, previously called for a review of the emergency legislation passed during the course of the pandemic. It is very important in light of the extension by resolution of this legislation and the Health (Amendment) (No. 2) Act 2021 a review of this nature is reconsidered to ensure that the legislation and the powers it provides for are both compliant with human rights law. Additionally we must ensure that the enforcement of the powers, as set out in the legislation, occurs fairly across Irish society. My colleague, Senator Ruane, spoke about this in the context of the Joint Committee on Justice highlighting the extent to which certain communities were subject to greater scrutiny than others. I implore those responsible for these emergency powers to be especially mindful of this moving forward.

Lastly, I wish to speak of the importance of the Government's support for the TRIPS waiver. This is something my colleague, Senator Higgins, has continually drawn attention to in this House. While we can rightly be proud of the success of the Covid-19 vaccination programme in the country, it will be a futile effort if we do not support the speedy delivery of Covid-19 vaccines globally. Without that new variants of concern will continue to arise, threatening the progress we have made on this island in recent months, and endangering the lives and livelihoods of people around the world.

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