Vincent P Martin (Green Party) | Oireachtas source

I welcome the Minister of State and thank her for outlining in succinct terms the impact and import of the proposed legislation before the Upper House. It is proper that the House would sit today. Never should a Government or a Minister be given a free pass or a blank cheque to implement measures that are, with respect but in reality, draconian. The measure, by their very nature, draconian. The question we must ask is whether they are appropriate and would they pass the proportionality test. This legislation affects one of the most fundamental rights after the right to life, namely, the right to liberty. The right to freedom lies at the very heart of any organised democracy. People have fought and died for the right for freedom, but we are living in unprecedented times.

This pandemic and the latest variant of Covid-19 pose unprecedented and grave risks which we must counter now in good time in order to protect the people. I am glad that the legislation, despite the gravity, strength and, with respect, draconian nature of it - I do not say that in a pejorative sense - offers some latitude and flexibility in particular. As referenced by the Minister of State, section 17 provides that a person may request that his or her quarantine be reviewed by a designated appeals officer. These checks and balances, which relate to respecting countervailing rights, are essential. They go to the very heart of a functional and proper democratic state. Section 18 provides that the request shall be reviewed by a designated appeals officer as soon as is practicable but not later than 24 hours from the time of the request being made. That is absolutely at the outer end of the time because if you were to push it out further to a few days, it could become moot. I ask the Minister of State for an assurance that the resource of designated officers will be available to us in order that this can be taken seriously. There should be no blind presumption.

Like many other parties, the Green Party, Comhaontas Glas, has a proud tradition of supporting fundamental human rights, and we support this legislation. I welcome what happened last night. There is solidarity and support across the political spectrum. I want to put on record the fact that it is important to have the resources available to reach even some of those appeals within 24 hours. As human error is a possibility, there may be a small number of people who should not find themselves in quarantine. This is an important provision that prevents the spectra of people running to the High Court, which already faces huge pressures. The exhaustion of this channel first and foremost is absolutely essential. I welcome the provisions in respect of balancing those rights.

The Minister of State laid out a number of commonsense exceptions. This is not just slamming door on people. Democracy, fairness and due process have to be at the heart of these essential provisions. We have to protect our people because of the dreadful risks that are presented. As stated in the explanatory memorandum, the purpose of the Bill is to make exceptional provision in the public interest, having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and variants of that disease in order to mitigate, where practicable, the effect of the spread of the disease. There is no hidden agenda. People at home are concerned. Some individuals, perhaps because they are under pressure with the stresses of life and the economy, feel that this is another step and a slap in the face. As legislators, we have to reassure them and lead from the front. We cannot be sucked into elements of populism that feed that there is something at play here which is untoward or that this is stealth, a breach of fundamental rights and a usurping of people's rights by the backdoor. There is no conspiracy here. I say that with the utmost respect. There are some who genuinely believe that there is a conspiracy. It is up to us, as public representatives, to take the fight to those people who have genuine concerns, to reassure them that we, as legislators in the Upper House, take our responsibilities in the area of fundamental rights extremely seriously and that we are only doing this on foot of the expert advice and on the grounds laid out by the Minister of State.

Nobody in his or her right mind would enjoy introducing such draconian legislation. We have to be responsible. We have to step up and protect our people. At the end of the day, the greater good, public policy and the public have to be at the heart of our actions. I am a little reluctant, but I have thought this through and the Green Party, Comhaontas Glas, has to fully support this legislative initiative. I thank the Minister of State for outlining each section in such detail.