Seanad debates

Friday, 3 December 2021

Health (Amendment) (No. 3) Bill 2021: Second Stage

 

10:00 am

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I warmly welcome the Minister of State, Deputy Rabbitte, to the House yet again. I thank her for taking the time to come here and set out her comprehensive rationale behind the legislation.

I thank the many hundreds of people who have written to Senators, and no doubt Deputies, with different points of view and perspectives, all valid. That is important. There is a suggestion that people in political circles are doing down people because they have a different view, but I do not subscribe to that. Everyone has a valid view and a reason. I do not necessarily support them all, but it is not about me anyway, it is about the national interest. That is important.

I acknowledge the enormous talent, expertise and dedication we have in the health service. I do not need to tell the Minister of State, as she knows it. She is at the coalface. She is involved with hospitals and the health sector. She knows the story with health workers. Whether it is those who meet people at the doors or janitors, many of those who do all forms of work within the hospital sector are physically broken, worn out and exhausted. That is the background to this legislation. I have no doubt the Minister of State will be banging the table hard. We need additional resources for them in the battle with Covid. I refer to their personal support. That is critically important. We have heard of long working hours and very difficult issues. They too are human and they are susceptible to the virus. They must also put a crust on their table and carry out their normal life. We should never forget that when we are discussing health and Covid.

The next issue I wish to address is the Irish Council for Civil Liberties, ICCL, an organisation I much admire and support. It has been amazingly supportive of me and my work in the Seanad, as it has been of colleagues in the Seanad on all sides of the House. It has raised legitimate and serious concerns. I single it out because in many ways it articulates and brings together many of the concerns of the smaller groups and individuals around the country. I want to share three of its many key issues. They are the ones that jumped off the page when I re-read the ICCL's document before coming to the House this morning. It states:

The rushing of these Bills through the Oireachtas once again undermines proper democratic processes. Legislation which impacts rights should undergo additional parliamentary scrutiny, not less.

I know we all agree on this, but it is worth putting it on the record. It then goes on to say:

Sunset clauses in emergency legislation are meaningless...and impact on rights. All future extensions of legislation must provide for robust analysis and in-depth scrutiny. All restrictions on rights need to be grounded in strong evidence proving they are necessary, proportionate and constitute the most minimal interference with rights [of citizens and the people of this country.]

That is articulate and spot-on. The ICCL also referred to clarity of messaging and getting out the message. Senator Clifford-Lee referred to that. I fully concur with her. Clarity of message is crucial to every sector of society. I will not single anyone out for fear there is somehow a hierarchy. There is no hierarchy. Everyone needs to know the message. Everyone needs to know it is the same message and there needs to be a consistency of messaging and of approach by the Government. That is important if we are to bring the people with us on this journey. We must instil confidence in them in the manner in which we proceed.

It is important that I make those points. However, I accept and I put on record that the proposed legislation before this House today is solely focused on protecting public health in the context of the Covid-19 pandemic. I accept the rationale the Minister of State has set out in her presentation to us today. In summary, Covid-19 still represents a public health emergency and continues to pose a significant challenge and threat to the people of Ireland, Europe and globally. The epidemiological situation in Ireland indicates a worsening disease profile with the future trajectory very uncertain, so therefore we must follow the science. We have heard this so many times. We must follow the health advice. It is not what politicians want to do or should do or think is expedient for their constituents or the people they represent, it is a case of following the science and following the expertise. That is a good move and the right strategy for the Government.

The introduction of primary legislation is required to enable the continuation on a regular basis of a range of public health measures and, importantly, to ensure that these continue to be the legal basis for what we do. We must remember that this is what we are about here today. This is about providing the legal basis for future measures if required. Hopefully, they might not all be required, but we are putting in place the legal basis for them.

These are exceptional times, and we are being asked today to confer exceptional provisions and powers on the Minister for Health and the Government. The Government is being tasked with enormous responsibility by the Houses of the Oireachtas. It is important that we take on board the submissions.

There are four amendments before the House today. I have studied them, and I think they are all reasonable and fair. I thank Sinn Féin and the Labour Party for proposing them. I will endorse them. If there is to be a vote, I will support them. They are right. Surely to God, as parliamentarians in both Houses of the Oireachtas, we should support any move that strengthens the oversight and accountability of these extraordinary powers in the Oireachtas. That is not too much to ask. We should not even have to ask. It should be a matter of course that when these extraordinary powers in this extraordinary time are renewed or reviewed, they come back to the Oireachtas. The amendments before us today seek to do that and therefore I will support all four amendments.

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