Seanad debates

Friday, 3 December 2021

Health (Amendment) (No. 3) 2021: Committee and Remaining Stages

 

10:00 am

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

I thank the Deputies who tabled these amendments. There was a comprehensive discussion on this matter last night in the Dáil and Sinn Féin's spokesperson on health was to the fore of the conversation. The debate did not result in a vote and my understanding was that the Minister agreed that many publications have been compiled in the Department of Health on how mandatory quarantine has operated. The Minister has various publications he is prepared to share and that would help with some of the communications issues. That material has not been available before but he is prepared to make that available.

I note the intention behind the Senators' amendments but I am not disposed to agree to them. I would like to add that these same amendments were debated in the Dáil last night and the Minister indicated that he will commence by circulating a note to Members of both Houses on the new travel regulations, which he signed last night. He also gave an undertaking to engage with the Opposition to discuss how best to ensure effective communication takes place, whether through oral or written briefs or in some other way.

On amendments Nos. 1 and 2, I would add that the Minister acknowledged last night that accountability is the key element of democracy. I appreciate that the Senators are seeking to ensure that adequate accountability of powers is exercised under the Act. Those powers are considerable but I note that they are constrained by principles laid down in the Act and cannot serve to make mandatory hotel quarantine more severe, only to reduce its impact. For example, the Minister is empowered to reduce the number of days spent in quarantine or to add to the list of exempted travellers. The Minister has no power to increase the severity of quarantine. Also, such regulations are published in accordance with normal practice and the Minister is accountable to this House in the normal way for all regulations made. The measures proposed in this amendment would, in addition, have the effect of increasing the uncertainty around obligations under this legislation. In circumstances under which we are taking steps through section 38Z to increase the potential for travellers to have certainty on their obligations ahead of travelling, this would be unfortunate. I note that the Bill has been carefully crafted to be proportionate in its response to this real threat. The sunset clause places a clear limit on its operation and the Minister must attend both the Dáil and Seanad Chambers to justify any extensions to that period.

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