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

I thank the Senators for tabling this amendment, and for giving us the time and opportunity to discuss it and to tease out where there were perhaps challenges in previous hotel quarantine legislation. I hope that is what the Minister did last night in the Dáil. I will read out exactly what he delivered. The Minster said clearly last night that terminations are to be regarded as "unavoidable, imperative and time-sensitive", the wording used for exemption. He also undertook to make sure the implementation of the exemption would be understood in this way. The same wording used for the exemption for pre-travel Covid testing requires a doctor to certify same, as for all availing of the exemption.

It is important for me to read the script because I am delivering the Minister's speech, which I need to read into the record. This exemption worked well. The current Bill includes the same regulation giving power for the Minister to exempt certain travellers from the obligation to undergo mandatory hotel quarantine and it is the intention to again make provision by that means for individuals in these circumstances. It should be noted that the exemption provided for in the regulation also covered carers travelling with such an individual. The regulation-making powers have a degree of flexibility that primary legislation does not.

The second aspect relates specifically to one medical procedure - termination of pregnancy. The Minister did not provide for specific procedures to be grounds for exemption previously and it is not the intention to do so, should it be necessary to reintroduce mandatory hotel quarantine. It is important that those considering whether a traveller can avail of an exemption or not have the availability to access each case on its own merits and, where necessary, the HSE made available and will do so again, the advice of the public health doctor to determine if a traveller falls under the exemption or not.

Having said that, the intention behind the amendment to provide for particular circumstances of a woman returning to the State after a termination, and the additional stress and cost that entering mandatory hotel quarantine could involve, is recognised. Last night, the Minister made it clear that returning to Ireland after a termination falls within this exemption and undertook to engage with the relevant authorities to ensure that is fully understood.

I empathise with, and completely recognise, the text Senator Moynihan read out from Bernadette. It would be remiss of me not to acknowledge that.