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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Covid powers and scrutiny

Summary

Deputy Mattie McGrath challenged the continued extension of emergency health powers, argued the Taoiseach had not shown evidence for Covid certificates, and criticised the lack of pre-legislative scrutiny. The Taoiseach defended the laws as temporary pandemic measures, said scrutiny would be too slow in an emergency, and argued the economy and labour market were recovering.

Last Friday evening, Members debated yet another extension of the draconian powers that have been handed to the Minister for Health for more than 20 months now. While Members were in the Chamber, the Taoiseach took to the airwaves to talk to the public and went over the heads of some members of the public to talk to the children. He told us that we were implementing new more draconian measures than we previously signed into law, which will be debated further in this Chamber this evening. For more than 20 months now, the Minister for Health could sign into law whatever he chose, which has had massive impacts on the livelihoods of our citizens throughout the country. On Friday, for example, the Taoiseach announced the introduction of tighter restrictions on the hospitality industry with the closure of nightclubs and a suite of measures, including the reduction of numbers and table service. This is not to mention the arts and entertainment industry, which has been wiped out completely.

With the apparent admission that Covid passes do not stop the transmission of Covid, one would think the Government would move to scrap these discriminatory passes altogether. Instead, it has doubled down and put more pressure on people. That is a retrograde step. What studies have been carried out into the effectiveness of Covid digital certificates in stopping or reducing the transmission of Covid-19? Will the Government publish the studies on the effectiveness of certificates and bring them before the House for debate? We have had no debate on it and we have no evidence.

The Irish Council for Civil Liberties which, among others, is opposed to the extension of Covid passes noted that whenever the Government introduces legislation that affects and impacts the rights of citizens, it must carry out a ballpark test on its "necessity and proportionality" - those are the council's words and not mine. It stated:

It must show evidence that the measure[s] introduced ... [are] necessary to achieve a particular aim. To that end, [the] Government has yet to ... [provide any] evidence.

Will the Government bring forward the evidence, if it has it, and have it debated in the House on what specific benefit the system has, and will have, in the coming months, despite the massive impact it has on our people?

I want a straight answer from the Taoiseach about digital passes. Have they any benefit in stopping the transmission of Covid? I believe they have not. As I said, the data clearly suggests that they do not work to stop transmission. Since the introduction of vaccine certificates, we have seen 323,000 positive cases. The Government needs to produce the evidence and show us clearly why certificates have not curbed the spread of Covid or diminished it in any shape, make or form. I want the Taoiseach to present this information, if he has it. He should have it because he talked about the science. Show us where the science is. These certificates are discriminatory and, as I said previously, are providing medical apartheid to the people of our country.

Comment on this

It is good to see the Deputy back. I thank him for raising these questions. He called the re-enactment of the public health laws last week "draconian". These laws have been debated in the House on a number of occasions since the pandemic started. Public health comes to the forefront during a pandemic and laws are brought in for its duration. These are not laws one would use in ordinary times. They are used for a purpose, they are specific and they are designed to try to protect lives and health. That is the motivation. The laws were previously debated and approved by this House. We are guided by public health advice. There is sometimes a tendency to be annoyed and frustrated by that advice and so on.

I know the Deputy has a particular stance on this, about which he has been consistent. It is fair to say he is not in favour of restrictions, generally. The key issue is that one cannot manage a pandemic without a legislative framework that allows one to be nimble, quick and to do things to protect lives and the health of people. There is a parliament here which can debate these issues, but it is not possible to do it without public health legislation of the kind we have. It is not the kind of legislation any government wants to bring in. Why would we want to bring in legislation that restricts the normal things of life? There is no joy in doing that, believe me.

If the Deputy recalls, back in July, the chief medical officer strongly advised that if we were to reopen hospitality, the status of vaccination in the country and among individuals was key and he recommended a system of vaccination verification, to protect people. That led to a robust debate in this House in July. I recall it. The Dáil passed that legislation and it enabled us to open both outdoor and indoor hospitality throughout the summer to great effect. It worked.

The evidence on vaccination is clear. The Deputy is not disagreeing with that. He welcomes, encourages and supports vaccination. If I understand correctly, that is his position. The evidence is there that if one is not vaccinated, one will pick up the disease much more easily and be vulnerable to disease, sickness and so forth. I am looking at other countries in Europe. Austria has now brought in a lockdown because of the level of people unvaccinated in the country. At least, we have avoided the types of approaches other countries have now had to take.

Comment on this

I thank the Taoiseach for the welcome but not the answer. I asked him specifically about the Covid certificates and whether he had evidence they have lessened the impact or reduced the cases. Clearly, they have not and he has no evidence. If he had, he would produce it. The Taoiseach referenced the debate here. There was no pre-legislative scrutiny of any of the legislation that went through, including the Bill which will be debated here this evening. Many of his backbenchers and all his three parties were bemoaning the fact we were extending it last July and here we are extending it again to next July.

We want to see an end date. The public want to see one. It is war weary and fatigued and business just cannot survive. The Taoiseach knows that and he met the arts industry last week and I am glad he did so, because it has been especially badly treated. It is the ordinary man in the van, with his guitar and ag seinm cúpla amhrán agus rudaí mar sin. Our culture and heritage are being hammered. The Taoiseach does not have any evidence and he has not produced it, nor has he briefed Opposition leaders for 13 months. He has not had a meeting. We all backed him, at first, to get rid of the imminent matter, of course we did.

However, we saw through the figures and the lack of investment, in spite of all the money, in extra ICU beds and everything else - it is one holy mess - not to mention the booster and the carry on now. I ask the Taoiseach to show me the evidence that vaccination certificates work, which discriminate against people. I have countless cases of people in awful trauma and anguish who cannot get a vaccine for medical reasons. Others chose not to and they are being discriminated against left, right and centre.

Comment on this

First, it is not possible to have pre-legislative scrutiny. Pre-legislative scrutiny in the Dáil is now taking up to six months in some cases----

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In some cases, it is taking up to six months. There is no way one can deal with a pandemic, going through the luxury of-----

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That is no excuse.

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It is. It is very rational.

Comment on this

No, it is not.

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It is taking six months for pre-legislative scrutiny on many key Bills, never mind a public health emergency. Is the Deputy seriously suggesting we could do it?

Comment on this

We cannot do it. Unfortunately, the experience has been that it takes too long. We are extending the timeframe for the operation of the legislation that is expiring, in essence, and consolidating-----

Comment on this

How is that the case?

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-----the existing powers that were there in different Acts and so forth. I accept the point that people are war weary of this pandemic. Of course, they are. It has gone on much longer than people may have anticipated.

Comment on this

On the other hand, we are in a different position this year compared to last year in terms of where the economy is and the degree to which it has bounced back. There are 30,000 job vacancies in quarter 3, compared to 19,000, two years ago. The hospitality sector, entertainment and tourism have been hardest hit and we will do everything we can to support those sectors.

Comment on this