Seanad debates

Friday, 3 December 2021

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

 

10:00 am

Photo of Rebecca MoynihanRebecca Moynihan (Labour) | Oireachtas source

I am pressing this amendment because, legally, if any bad faith actors were to do something, there is a difference between travelling to the State as opposed to having returned to the State. I acknowledge that it is also possible to make that difference clear within regulations because the initial language comes from regulations. I would like to see that clarified. I am pushing the amendment because one of the issues around this is that bad faith actors put a chill effect on stuff. That is what I am concerned about. It is why I am concerned about that very specific difference in language between the initial regulations and what is included in this Bill. I am specifically concerned about that because I was told during the summer that somebody had a certain interpretation of that.I am pressing the amendment because it is important to make that point.

I would like very clear guidance to be given to providers, particularly airlines. That is where this has been an issue. For airlines, this matter is not considered. I know, for example, maternity hospitals would not give guidance on this because they felt they could not do so as it was not clear and there was ambiguity around the language. That is why I am pressing the amendment.

The absence of the specific words "returning to the State" as opposed to the words "in the State" is very important. I ask that when regulations are being set down the language about people returning to the State having travelled to another state is included in them. It can be covered in regulations. I also ask that it be done for the purposes of testing with respect to the logistics involved in testing requirements. The logistics of that are very difficult, particularly when travelling to have surgery. A large number of exemptions from the testing requirements are available for other people coming back into the State. According to an abortion support network, one woman got stuck in the UK for ten days because she happened to fail a test. The question was whether she would isolate for ten days in the UK after going through a traumatic experience or whether she would end up isolating at home. The difference is clear, the expense involved is clear and it is also clear that these women are unable to be with their families.

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