Michael Ring (Mayo, Fine Gael)
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962. To ask the Minister for Health if he has obtained legal opinion regarding the constitutionality of measures, guidelines and regulations of his Department in relation to the restricting of movement of persons and the prohibition on socialising and contacts with family; the source of this opinion; if he will publish this opinion;; and if he will make a statement on the matter. [18308/20]

Stephen Donnelly (Wicklow, Fianna Fail)
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I will assume that the Deputy’s question is referring to Regulations made in accordance with amendments made to the Health Act 1947 by the Health (Preservation and Protection and Other Emergency Measures in the Public Interest) Bill 2020, which was signed into law by the President on the 20th of March 2020 following its passage through the Dáil and the Seanad. I note the Deputy also refers to “guidelines and measures”, however my understanding is that Constitutional issues would not be invoked in relation to guidelines.   

 The Health (Preservation and Protection and Other Emergency Measures in the Public Interest) Act 2020 amended the Health Act 1947 to provide for, amongst other matters, a new section (section 31A) on regulation making powers to prevent, limit, minimise or slow the spread of Covid-19 or where otherwise necessary, to deal with the public health risks arising from the spread of Covid-19.   In making regulations under section 31A of the Health Act 1947, the Minister for Health  is required by section 31A(2) to have regard to the immediate, exceptional and manifest risk posed to human life and public health, and must also, in accordance with the Act, have regard to a number of factors. 

The preamble to the Act highlights its exceptional nature and purpose (i.e. to address the unprecedented nature of the Covid-19 public health emergency).  The preamble also gives due regard to the need to defend and vindicate the rights of citizens to life and bodily integrity as central considerations informing the drafting of the Bill, emphasising the State’s responsibilities in relation to both. 

The legislation referred to above, and the regulations arising from it under section 31A of the Act were drafted by Parliamentary Counsel and the Office of the Attorney General to ensure that no legal or constitutional matters were impinged upon. The Bill is due to expire on the 9th of November 2020, unless a resolution approving its continuation is passed by both Houses of the Oireachtas.

Throughout the period in which this legislation has been enacted, the Government has been immensely conscious of the sacrifices which have been made by people across the country as a result of the restrictions on their movement that have been imposed in recent months. We have endeavoured to remove those restrictions in line with the progression of the disease, and fortunately have been in a position to unwind many of them at this point. However, the continued detection of Covid-19 in the community indicates that there remains a threat of a resurgence of the virus and hence, certain measures have been kept in place for the present. They are under constant review and will of course be removed as soon as it is safe to do so.