Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I wish to thank Seanad Éireann and acknowledge its co-operation in specifically giving us the opportunity to address this Bill.

I am here today to address the House on the Health (Amendment) (No. 3) Bill 2021. The purpose of this Bill is to strengthen Ireland's ability to respond to the ongoing and emerging threats to public health from Covid-19. As we have always done, we need to act as and when required to ensure we do what we can to protect our health. Amending the Health Act 1947 will allow for the reintroduction of mandatory quarantine at a designated facility for all passengers arriving from particular countries where variants of the Covid virus present a particularly high risk. The Minister for Health, Deputy Stephen Donnelly, made the following important point clear yesterday in the Dáil. The provisions of this Bill strike a fair and proportionate balance between the protection of public health and the common good in the face of this pandemic, on the one hand, and the limited restriction of individual rights, on the other.

Earlier this week, we confirmed the first case of Omicron in the country. We know this means there will be more. If we put in place a system of mandatory hotel quarantine once again, we will be able to slow down the transmission of this variant of concern. We have heard reports of cases identified across the globe, in England, Scotland, the Netherlands, Hong Kong, Australia, Japan and Canada. We must do what we can to protect people's health, and none more so than that of our most vulnerable. We must also do what we can to keep our communities safe. We also want to reassure those who are reliant on important day or residential services that they will continue to be prioritised and well cared for.

We know the system of hotel mandatory quarantine is effective. During the six-month period of hotel quarantine earlier this year, 17,846 tests were performed on residents. Some 593 residents in mandatory hotel quarantining, MHQ, accommodation tested positive for Covid-19. As these cases were isolated, we cannot know how many potential cases in the community were avoided as a result of this isolation. In addition, the imposition of quarantine would have sent a clear message to all potential travellers and, as a result, they may have chosen to postpone travel until it was safer to do so. The Bill would permit the reintroduction of mandatory hotel quarantine should it be required. By having the legislative provision in place, we will be in a better position to react quickly when a decision to move forward is taken. The legislation will only be commenced if and when it is appropriate to do so.

From the beginning of the pandemic, the approach taken by the Government has been informed by national and international expertise, including the advice of the WHO and European Centre for Disease Prevention and Control, ECDC.NPHET continues to monitor the evolving evidence internationally in respect of Covid, as well as our experience of the disease in Ireland, and advises the Government on public health issues.

The legislation we are seeking to introduce today is fundamentally the same as previous legislation permitting mandatory hotel quarantine, but there are some important changes we propose to make in response to the lessons learned during our previous experience. We must address the additional challenges facing us at this time. The Government has already taken and retained important steps to limit the importation of variants of concern. From 29 November 2021, additional restrictions apply to travel from seven scheduled countries in response to the Omicron variant. These are Botswana, Eswatini, Lesotho, Mozambique, Namibia, South Africa and Zimbabwe. Travel from these states is limited to Irish citizens and residents, EU citizens and residents and UK citizens. Persons, regardless of vaccination or recovery status, who travel from scheduled countries are required to have a negative/not detected PCR test result 72 hours prior to arrival in Ireland. They are also required to self-quarantine at home for 14 days and to make reasonable efforts to undergo PCR testing on day two and day eight post arrival.

In the Dáil yesterday the Minister was keen to demonstrate that he is listening to concerns regarding communication, a matter which many members of the Opposition raised. He gave a number of solemn commitments, including to engage with the Opposition to determine how best to improve communication, which I know he will follow through on. We are all acutely aware of the nature of the legislation before us and of the Covid legislation which we have had to approve. I wish to restate in this House the Minister's commitment to improving communication. We can address some of the specifics of this on Committee Stage. I will now outline some of the key provisions of the Bill in more detail.

The Bill is divided into five sections. Sections 1 and 2 set out definitions and interpretative provisions. Section 3 is the main body of the Bill and inserts new sections 38N to 38Z, inclusive, into the Act of 1947. This section specifically provides for the re-introduction of mandatory hotel quarantine and related matters. Travellers who have been in a designated state within the 14 days prior to their arrival in Ireland will be obliged to undergo a 14-day period of quarantine. The Bill includes a provision to allow exit from quarantine before the completion of 14 days if travellers return a not detected Covid test upon arrival and a further such test on day ten of quarantine. There are a limited number of other circumstances under which travellers may leave quarantine, such as for medical treatment or other humanitarian reasons. The Bill also contains provision for travellers who arrive without the relevant pre-travel Covid test to be obliged to enter mandatory hotel quarantine. Unlike the previous system, however, there is a provision which will allow the Minister to designate classes of persons for whom failure to present a valid pre-travel test result will mean an obligation to enter mandatory hotel quarantine. This allows a greater degree of flexibility to focus on those who present the greatest risk.

In the summer, the Health (Amendment) (No. 2) Act 2021 contained some amendments to the original legislation in this area. These provisions are included in this Bill and allow the Minister to prescribe alternative testing to PCR testing prior to arrival in the State. Also provided for is an alternative approach to dealing with any travellers who arrive in the State who are not in compliance with pre-travel testing requirements. Another important development was to provide that a public health doctor can permit a traveller in mandatory hotel quarantine who has tested positive for Covid 19 to be released after the initial ten-day period of quarantine where the doctor believes that the traveller does not pose a risk of infection. Travellers will be required to pre-book their accommodation in designated facilities. Appropriate provision is made for unaccompanied minors or those seeking international protection.

The Bill includes provision for travellers to appeal a decision that they are subject to mandatory hotel quarantine. Section 38N(25) includes categories of travellers who are exempt from the requirement to quarantine, such as drivers of heavy goods vehicles, maritime or air crew, or elected officials travelling for official reasons. There is also provision for other groups to be exempted by regulation, as was the case previously. Section 38O sets out the power to return travellers to quarantine if they have left inappropriately. Section 38P sets out offences associated with the Bill and establishes the relevant penalties while 38Q sets out the power and the process for the Minister to designate the states relevant to mandatory quarantine. Section 38R makes provision for the designation of facilities and to require travellers to pay for quarantine. Section 38S sets out the regulation-making powers of the Minister and sets guiding principles for use in that process.

Sections 38T and 38U, inclusive, provide the authority for the Minister to make arrangements for transport and accommodation and related matters for quarantine purposes. Sections 38V and 38W set out requirements and obligations related to record-keeping and data protection. Section 38X allows the Minister to make arrangements with other Ministers to carry out some of the functions associated with the requirement to quarantine as they relate to the designation of facilities for quarantine, making service contracts, and data protection. Section 38Y establishes a requirement of travel organisers, such as airlines, to inform a traveller of his or her obligation to pre-book his or her quarantine, check that those bookings have been made and potentially refuse to allow travel where a booking has not been made. Section 38Z provides for another key change that is new in this Bill. There will be a provision to facilitate travellers to seek clarity before travelling in relation to the possibility of not being required to complete hotel quarantine. This could be for medical reasons, by virtue of having to care for a dependent person, or for other humanitarian reasons.