LEGISLATION TO EXTEND the Government’s emergency powers for Covid-19 restrictions until November has been passed by the Seanad by 29 votes to 3.
Government parties, Fianna Fáil, Fine Gael and the Green Party voted for the extension, with Labour siding with the Government on the issue.
Sinn Féin abstained, while Senators Michael McDowell, Rónán Mullen and Sharon Keogan voted against the legislation.
Sinn Féin Senator Niall Ó Donnghaile said his party intends to put down amendments tomorrow curtailing the emergency period to 9 July rather than 9 November.
He told the minister that if the government wants to extend the laws in the summer, then the minister should have come before the Oireachtas and explain why.
His party could not give “a carte blanche” approval to the government, stating that if such serious laws are needed, they must be debated afresh each time
Health Minister Stephen Donnelly got approval from Cabinet last week to extend four pieces of legislation that underpin the State powers to enforce public health measures that were due to lapse on 9 June.
The laws provide for fines relating to travel restrictions and prohibit some events, including large gatherings, from taking place.
Under the Health Preservation Act 2020, the State can detain people to prevent the spread of Covid-19, requiring people to stay in their homes and require the wearing of face coverings.
Ministers also agreed to extend the Criminal Justice Enforcement Powers Act 2020.
It provides additional enforcement powers to the gardaí to address breaches by pubs of the Covid-19 regulations and to close them down temporarily where there is a refusal to comply.
A lot of concern was expressed by senators today at the lack of a definitive sunset clause for the emergency powers, with Independent senator Alice Mary Higgins stating that they could be “extended until 2027″ under the current wording.
She said that there was a clear understanding when these measures were first introduced last year that if they were to be extended that there would be a debate with adequate time allotted, rather than the hour discussion that took place today.
Green Party Senator Vincent P Martin warned that extending the “draconian” legislation until November will “dampen hope”, stating that to do so was pushing a “frightening button of power”.
“It doesn’t sit well with me,” he said.
Labour Senator Annie Hoey said she had concerns about the timeline, and the date of November from a human rights perspective. She said such laws should go for pre-legislative scrutiny.
While Senator Ó Donnghaile added that the six month extension was a “step too far” for Sinn Féin.
The health minister told the Seanad that the public health advice to him is the government will need to have the power to exercise Covid-19 restrictions until late autumn or early winter.
“My hope is that we don’t have to exercise any of them, but if we do, that they are lighter-touch measures” which he described as mask wearing in some settings.
“It is draconian, there’s no way about it. Legislation like this and powers like this should never sit easily in any democracy,” he said.
However, he said the legislation was “necessary”.
Last week a government spokesperson said the minister is “very conscious of the extraordinary nature of the provisions in question and the extent to which they have impacted on the normal conduct of life in society over the past year and, in particular, their impact on fundamental and civil rights”.
“He is of the view, however, that the public interest could not be properly served otherwise than by having these powers available to the Government to protect life and public health,” he said.
It is understood that measures may be ended earlier by ministerial order should the public health situation improve to such a point that the measures are no longer needed.
Head of Legal and Policy, Doireann Ansbro from the Irish Council for Civil Liberties said this is one of the most draconian pieces of legislation our State has ever seen.
“And while most of us accept it was necessary to rush it through in March 2020, June 2021 is a different time.
“We have learned lessons and we must apply those lessons in law. We cannot set a precedent where government can continue to grant itself powers like these without first meaningfully bringing them before the people – via our elected representatives in the Oireachtas,” she said.
“Last year, government also rushed through a renewal in early November. There was little democratic debate, no legal analysis, and no human rights review. This time, in the absence of a State analysis, ICCL has contacted all members of the Oireachtas with our analysis of the legislation.
“In our analysis, we identify a need to roll back expanded Garda powers, ensure the Minister for Health has to consult with the State’s human rights body before he legislates for human rights restrictions, and to demonstrate on each occasion that restrictions on our rights are actually necessary and as minimal as possible,” she concluded.
Following today’s passage in the Seanad, the legislation will now move to the Dáil this week.
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