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Joint Committee on Transport and Communications debate -
Wednesday, 8 Dec 2021

Covid Testing for International Travel into and out of Ireland: Discussion

I apologise to the witnesses for the delay but there was a vote in the Seanad at 1.30 p.m. I thank them for their forbearance. Apologies have been received from Senator Craughwell and Deputy Duncan Smith.

The purpose of this meeting is to engage with officials from the Departments of Transport, Health, Foreign Affairs and Justice to discuss Covid testing for international travel into and out of Ireland following the recent Government announcements. On behalf of the committee, I welcome from the Department of Transport Mr. Fintan Towey, assistant secretary for civil aviation, and Mr. Phil O'Flaherty, principal officer in the aviation safety and security division; from the Department of Health, Mr. Muiris O'Connor, assistant secretary, and Mr. Keith Comiskey, principal officer; from the Department of Foreign Affairs, Ms Deirdre Ní Fhallúin, director of the consular directorate with responsibility for international travel; and from the Department of Justice, Ms Oonagh Buckley, deputy secretary, and Ms Eileen Leahy, principal officer. I thank the witnesses for attending at such short notice. We regard this meeting as being about giving information to the general public, especially people who will be returning to Ireland over Christmas, which is a special time for Irish people who are coming back to their families and friends. We want to bring absolute clarity to the matter, given the introduction of PCR and antigen testing just this week.

Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging the good name of the person or entity. If their statements are potentially defamatory in respect of an identified person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction. For witnesses attending remotely outside the Leinster House campus, there are some limitations to parliamentary privilege and, as such, they may not benefit from the same level of immunity from legal proceedings as a witness who is physically present does. Witnesses participating in this session from a jurisdiction outside the State are advised that they should also be mindful of their domestic law and how it might apply to the evidence they give.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable. I remind members of the constitutional requirement that they must be physically present within the confines of the Leinster House campus in order to participate in public meetings. Reluctantly, I will not permit members to participate where they are not adhering to this constitutional requirement. Therefore, any member who attempts to participate from outside the precincts will be asked to leave the meeting. In this regard, I ask members participating via Microsoft Teams to confirm prior to making their contributions that they are on the grounds of the Leinster House campus.

I call on Mr. Towey to make his opening statement.

Mr. Fintan Towey

I thank the committee for the opportunity to appear before it to discuss the new Covid-19 testing rules that have been implemented for international travel into Ireland. I am joined by my colleague, Mr. O'Flaherty, who works with me on Covid international travel planning. This committee has dedicated considerable time to examining and raising key issues for the aviation and maritime sectors in the difficult period since the start of the pandemic and I welcome the opportunity to assist with its further deliberations.

We all share a desire to reach a point where international travel can take place without specific Covid-19 measures. The aviation and maritime industries need to plan and build towards a stable and sustainable recovery. There is significant direct employment in those sectors but, more importantly, they are critical enablers of economic growth in other parts of the economy. The impact of Covid on these industries and on the travel and domestic tourism industries has been catastrophic and unprecedented.

The maritime sector is essential to the continued movement of goods in and out of the country, accounting for 90% of Ireland's international trade in volume terms. The sector suffered reductions in freight traffic of up to 40% and passenger reductions of more than 95% during the initial weeks and months of the pandemic. Passenger figures for 2020 showed a decrease of over 70% compared with 2019. While the opening of international travel on 19 July saw an improvement in maritime passenger volumes, they still remain approximately 40% below pre-pandemic levels.

Globally, aviation is experiencing the most challenging crisis in its history. The general reduction in passenger numbers has severely impacted air connectivity. In Ireland, passenger numbers were down 80% in 2020 and 90% for the period from March to December of that year. Air connectivity is vital for an island economy. The negative impact on aviation has significantly increased the cost of air freight for the export sector, with significant increases in the cost of doing business. Many analysts are predicting that it will take several years to return to 2019 levels of activity. Public health travel restrictions and the introduction of mandatory quarantine meant that, between January and June of 2021, passenger levels were down approximately 80% on all corridors.

The Government agreed a range of measures that took effect from 19 July and allowed the resumption of non-essential international travel. Central to this was the substantial work undertaken to introduce the enhanced passenger locator form and the EU digital Covid certificate. Under these arrangements, we saw a welcome recovery in passenger numbers. Throughput at State airports in mid-September was up nearly 200% compared with the week before 19 July.

Much of the recovery in passenger numbers was driven by our successful vaccination programme and those of our European neighbours. In the early stages of that recovery, it was noted by our colleagues in the Department of Health that approximately 90% of incoming passengers completing the electronic passenger locator form were fully vaccinated. Unfortunately, the Covid-19 situation in Ireland and across Europe remains uncertain and of concern, with added uncertainty due to the potential impact of the Omicron variant. Across Europe, we have seen the imposition of additional protective measures. Some of these are targeted at travel from certain locations but others have been applied more broadly.

Since Sunday, 5 December, all persons arriving into Ireland from overseas who have been vaccinated or recovered from Covid-19 are also now required to have a negative, or virus not detected, test result.

The test result must be from a professionally administered antigen test taken not more than 48 hours before arrival or an RT-PCR test taken not more than 72 hours before arrival. Unvaccinated passengers continue to require a PCR test. The previous exemptions to testing for international transport workers and air and maritime crew have been maintained, which is important in the context of the European Union’s Green Lanes initiative and to ensure no additional blockages in the supply chain.

The Department of Transport engaged immediately with air and sea carriers as the announcement was made for these new requirements. We informed the carriers of the additional requirements to carry out pre-boarding checks for compliance. The regulations signed by the Minister for Health provide that the carriers are obliged to ensure all passengers have completed an electronic passenger locator form and, unless exempt, have the required negative-not detected test result.

We will continue to engage with carriers to understand any issues arising for them and their passengers. We will also monitor the impact on the ports, airports and the supply chain. It is vital the facilitation of passenger and freight traffic is kept as streamlined as possible while ensuring compliance with the new Government travel requirements. For maritime carriers, freight must remain free-flowing in the busy Christmas season and with the commencement of customs checks into the UK market on 1 January 2022.

We will engage with our colleagues in other Departments on any issues arising. We also look forward to the review of arrangements at the end of the initial two-week period.

I thank Mr. Towey for his presentation. I call Mr. O'Connor from the Department of Health to make his opening statement.

Mr. Muiris O'Connor

I thank the joint committee for this opportunity to speak on the new travel restrictions that require travellers to undergo pre-departure tests for travel to Ireland. I am assistant secretary in the Department of Health and am joined by my colleague Mr. Keith Comiskey, who leads on Covid travel policy for our Department.

The Department of Health has been central in the wider and ongoing national response to Covid-19 and in managing the risk of importation of variants of concern throughout the pandemic. The Department and the Government have responded to both improving and disimproving epidemiological situations, as appropriate, to support international travel to the greatest extent possible while ensuring the protection of public health is paramount.

Throughout 2020 and 2021, the Minister for Health has introduced regulations to support the public health response with respect to international travel. These statutory instruments cover the requirements for travel to Ireland during the pandemic, the passenger locator form and the EU digital Covid certificates, mentioned by Mr. Towey, which remain key tools for our pandemic response.

These regulatory changes are undertaken in consultation with six other Ministers, namely, the Minister for Transport, the Minister for Foreign Affairs, the Minister for Housing, Local Government and Heritage, the Minister for Justice, the Minister for Enterprise, Trade and Employment and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. Together this cross-ministerial approach ensures the appropriate response across various sectors of society and the economy, in so far as possible, while protecting people against severe illness or death.

This effort seeks to limit and delay the importation of Covid and its variants, understanding that we are part of an increasingly interdependent global community. In particular, it aims to delay importation of concerning variants such as Omicron while non-pharmaceutical interventions are strengthened and until further evidence emerges relating to its transmissibility and the impact it has on disease severity. Not enough is currently known about the Omicron variant and the World Health Organization has designated it as a variant of concern.

To protect Ireland’s healthcare system and economy we urgently and proactively responded in recent times to the emergence of this new Covid-19 variant. New requirements were urgently put in place for travel from several specified countries where the Omicron variant was circulating in the community. Since 29 November, any person who has been in a scheduled state in the previous 14 days is not permitted to travel to Ireland, except under certain exemptions. Those who do travel are required to have pre-departure testing, to home quarantine on arrival, and to undergo post-arrival testing. There are very limited exemptions to these requirements.

The scheduling of these specific countries was made in line with the EU emergency brake mechanism to ensure a consistent EU approach to public health in this instance. As information on the new Omicron variant is currently limited, additional protection measures were considered prudent to protect the reopening of the Irish economy and society.

On 30 November, the Government decided that all travellers into Ireland should be required to present a negative test result, regardless of immunity status. All travellers to Ireland from overseas are now required to show a relevant test result, either a PCR or antigen test result, upon arrival to Ireland, unless specifically exempted by regulation. Travellers with proof of immunity have the option of taking a PCR or a rapid antigen test, and those without proof of immunity are required to take a PCR test. These new measures are intended to be temporary and will be kept under constant review.

It was initially envisaged to have this measure operational by 3 December. However, given the significant change of this requirement for passengers and for carriers, it was decided to extend the implementation of this requirement by two days to Sunday, 5 December. These measures are being introduced as part of a whole-of-government Covid response. As more information becomes available about the effects of the Omicron variant, we will continue to adapt. The Department of Health will continue to work across government on the ongoing national response to Covid-19 and to manage the risk of importation of variants of concern.

I thank Mr. O'Connor for that. I call Ms Ní Fhallúin from the Department of Justice to make her opening statement.

Ms Deirdre Ní Fhallúin

Good afternoon to the committee. I am the consular director at the Department of Foreign Affairs with responsibility for international travel. While the Department of Foreign Affairs does not have a role in implementing the new Covid testing rules for incoming travel to Ireland, the Department continues to assist and advise citizens around the world in the context of the Covid-19 pandemic. Our current advice to citizens is that there are risks associated with international travel and that this is likely to remain the case over the coming months. In recent years, the Department has responded to unprecedented requests for assistance and carried out the largest repatriation operations in the history of the State.

The Department’s travel advice pages, which cover 200 countries, are some of the most visited pages on the Department of Foreign Affairs, DFA, website. Every effort is made to ensure the provision of practical assistance and clear advice to the citizen. In this regard, the Department’s travel advice is extremely significant for a range of stakeholders, and significant thought and resources have been put into ensuring clear, accurate and timely advice to help assist and inform citizens. Given the rapidly evolving circumstances in recent years, the importance of close co-operation with our diplomatic missions, the EU and like-minded countries, the advice of relevant organisations and, in particular, co-ordinating closely with the Department of Health and the HSE has been paramount. On a daily basis, the Department ensures the 200 travel advice pages it operates covering all countries in the world are up to date. Timely and up-to-date information serves citizens in ensuring they make informed decisions before travelling and can help ensure citizens avoid getting into difficulty while they are travelling internationally. In the current climate, our general advice to citizens remains that travel restrictions are subject to change at short notice and that all passengers should undertake proper research and carefully consider the necessity for their international travel at this time.

At present, the Department and its embassy network continue to provide consular assistance to Irish citizens impacted by the evolving travel restrictions imposed across the world in response to cases of the new Omicron variant. The Department’s consular teams are dealing with a high volume of calls and emails from citizens concerned about their travel plans or how restrictions will affect loved ones returning to Ireland. To respond to these queries, the Department established a dedicated helpline on 2 December to give immediate advice to citizens. The helpline has taken 1,100 calls, and that number has increased since this briefing was written. We have also responded to more than 500 emails from citizens. We will respond to these requests along with the continued assistance we provide in non-Covid or travel-related consular cases. We will also continue to monitor any restrictions abroad which may impact our citizens.

While the Department of Foreign Affairs has no direct role in the introduction of inward restrictions on travellers arriving in the State, we continue to co-ordinate with relevant Departments regarding the dissemination of information on travel restrictions and the practical assistance to citizens these restrictions may affect. This is most recently notable in the restrictions imposed on scheduled states in southern Africa following the emergence of the Omicron variant.

In southern Africa, our embassy network has responded to hundreds of queries and is in ongoing contact with the remaining citizens and dependants who are attempting to return to Ireland following the imposition of flight bans. The Irish embassy in Pretoria has engaged directly with around 200 citizens and family members who have been attempting to secure flights back to Ireland. Flights are now starting to resume and many of the affected citizens have returned to Ireland.

On 29 November, the Government of Morocco announced a travel ban on all inward and outward flights. The Department moved quickly to establish how many citizens were in Morocco and how the ban would affect them. Following an assessment of the situation, the Department, through our embassy in Rabat, moved quickly to charter a Ryanair aircraft to repatriate stranded citizens. This flight departed from Marrakech on Saturday, 5 December with 156 passengers on board. It included predominantly Irish citizens and residents and a number of citizens from the EU and UK. No other direct repatriation flights from Morocco are planned. Several airlines are operating special flights to European capitals from where onward flights to Ireland can be purchased. Our embassy in Rabat is available to provide advice to any citizens stranded in Morocco.

In 2021, the Department of Foreign Affairs and our mission network continued our mandate in supporting Irish citizens caught up in both major and relatively minor incidents overseas. From the evacuation of citizens from Afghanistan to the support of citizens who have had their passport stolen abroad, we remain dedicated to this role. Staff in our consular directorate in Dublin, our 95 embassies and consulates general and our 94 honorary consuls around the world remain willing and ready to provide assistance and support to citizens in need.

I invite Ms Oonagh Buckley to make her opening statement.

Ms Oonagh Buckley

I thank the Chairman and committee members for inviting the Department to address today's session. While the Department of Justice plays a supportive rather than a lead role in the matters being discussed today, we have an important contribution to make to the Government's overall response primarily through the work of our border management unit, BMU, team at Dublin Airport. The core function of the BMU is to immigrate passengers arriving into the State at Dublin Airport and to decide if a person should be allowed to enter the State and for how long. An Garda Síochána currently undertakes these immigration duties at all other ports of entry to the State.

Since the beginning of the pandemic, in addition to its core immigration duties, the BMU has performed an important role in conducting checks of health documentation. This includes digital Covid certificates, HSE vaccination certificates, NHS vaccination certificates, state-issued vaccination certificates from other third countries and negative PCR test results across all passenger cohorts in Dublin Airport. The BMU also had a significant role in the operating of the mandatory hotel quarantine system when that was in operation.

All passengers arriving into Ireland were checked for health documentation until 19 July when restrictions on non-essential international travel were eased and passenger numbers rose significantly thereafter. To avoid lengthy queues at immigration, spot checking of health documentation was implemented. In recent days, this spot-checking role has been expanded to include PCR and antigen tests in line with the latest public health advice and Government travel restrictions.

The BMU has significantly increased the level of spot-checking of arriving passengers in recent days - both at peak and non-peak times. Carriers are obliged to check each passenger's health documentation prior to boarding and there are penalties in place for passengers who arrive without the requisite documentation. It is important, therefore, that passengers familiarise themselves in advance with the up-to-date requirements. We note that the compliance rate is high and we thank the travelling public for its compliance with that. Notwithstanding that, we have seen a number of people in recent days being referred to An Garda Síochána by immigration officers for not being in possession of the required health documentation. In particular, people travelling from the UK should be aware that they are not exempt from the requirement to have a pre-departure test. Passengers can expect to see higher levels of checking as they travel through Dublin Airport in the coming days and weeks and should leave additional time for their journey both at departure and on arrival.

The BMU team works very closely with Dublin Airport Authority, DAA, colleagues, who are responsible for managing the queues on arrival to the immigration hall. Our shared objective is to ensure that queuing time is minimised and that passengers are immigrated quickly and safely on arrival while also carrying out all of our important immigration and public health functions.

A very important part of our efforts to keep a smooth flow of passengers through immigration at Dublin Airport is the operation of the e-gates. A total of over 730,000 e-gate transactions took place between August and November 2021. Approximately 30% of these transactions were unsuccessful leading to further checks by the BMU team. I am happy to answer any queries that committee members may have on the BMU role.

I know the Department of Transport was in discussion with the airlines about pre-departure checking of Covid tests - antigen tests taken 48 hours prior to departure and PCR tests up to 72 hours prior to departure. Has the Department had those discussions and has an agreement been reached with the airlines that they will check pre-departure tests before flights depart for Ireland from various locations around the world?

Mr. Fintan Towey

When it became known that new requirements would be introduced in response to the threat of the Omicron variant and that there would be a requirement for additional testing, we engaged with the carriers to forewarn them about the new requirements. When one uses the word "agreement", it is important to say that the decision was made by the Government that it was necessary to introduce additional safeguards and we engaged with the carriers about how those might operate and the obligations the carriers would have in terms of checking those tests with departing passengers. Ultimately, the requirements are set out in regulations made by the Minister for Health. Those requirements set down obligations over passengers in the first instance to be in compliance with the requirements. They also require that the carriers deny boarding where the traveller does not have the necessary tests except for limited circumstances in which an exemption applies. We crystallised those requirements to the carriers at the earliest possible opportunity.

Could a situation arise where passengers could board a flight coming to Ireland without being checked by the airline?

Mr. Fintan Towey

The obligation in the first instance rests with the travelling passenger but the airline at the point of boarding checks that each passenger has a receipt indicating completion of the passenger locator form and a negative test unless the person declares himself or herself to be exempt and this is confirmed by the passenger locator form receipt. That test by the carriers at the point of boarding is for a negative test and is the line of defence carried out by carriers. The first line of defence is-----

My main question is whether there are any penalties for airlines that allow passengers to board and come to Ireland without a negative PCR or antigen test?

Mr. Fintan Towey

There is a legal obligation on carriers to carry out the test but it is not a penal provision so carriers do not commit an offence if they allow a person to board inadvertently without having the required test.

Is that not a weakness? There is that casual worry, in terms of people coming into Ireland, without a negative PCR or antigen test when boarding a flight.

Mr. Fintan Towey

Overall, we are trying to ensure that we have a system that works and provides appropriate levels of safeguard. If we wanted to devise, in legislation, an offence provision in relation to the role of carriers, it would bring us into a lot of legal difficulty in seeking to identify exactly what the requirements would be and what a defence might be for carriers. It would also open up the issue of what kind of data retention carriers might need to engage in in order to defend their position in terms of checks they might have carried out on any individual passenger. That opens up complexity around data retention and all of the data protected complications that go with that.

This has been set up with the Omicron variant in mind and not having knowledge of it. What controls are in place for someone who has boarded a flight without a negative PCR or antigen test? Is this a matter for justice, health, transport or foreign affairs? What are the controls in place to ensure that person does not get off of a flight with the Omicron variant and infect the Irish population?

Mr. Fintan Towey

The first line of control is the information to the passenger and the obligation on the passenger to ensure he or she is in the compliance with the requirements for travel to Ireland. The second line of control is the check that is undertaken by the carrier as the passenger boards the aircraft. As I said, if the negative tests are not in place then boarding should be denied. The third line of control is the spot checks that are carried out at border control.

I will go to Ms Buckley on that. She carries out the testing on the border control, correct? She referred to the fact that in more recent days there have been situations where people have been detected without having the requisite documentation. I presume that is a negative PCR or antigen test and they have been referred to the Garda. Could she elaborate on that? What will be the spot checks? Obviously, we want to make it as easy as possible for people who are complying with the requirements to come into Ireland. Equally, we also must look at the fact that we do not want this Omicron variant. That is the only reason this particular restriction is being established.

How many people have been referred to the Garda for not meeting the requirements? What were the requirements that they did not meet? How do you ensure that someone who boards a flight - where there appears to be no penalty for an airline for allowing a passenger to board a flight without a negative PCR or antigen test - then comes in to an airport in Ireland without Covid?

Ms Oonagh Buckley

The first thing that is worthwhile pointing out is there have been additional requirements on carriers dating back to May of last year. In general terms, we find a very high level of compliance with those requirements by passengers. In the first instance, as Mr. Towey pointed out, it is the obligation of individuals who are travelling to comply with the law. Secondly, we find a high level of compliance with carriers in terms of the checks they are required to do. Obviously, we have much more experience in recent times of checks on the EU digital Covid certificate and the passenger locator form. The new requirements on tests have only be in situ since the early hours of Sunday morning. In that time though, to offer some reassurance to the committee, some 80,000 passengers have immigrated through Dublin Airport up to midnight of last night and in that mix, we checked more than 10% at all times. In fact, in many flights we checked 100% of passengers. In those three days, we referred only 100 people to An Garda Síochána for failure to comply with the test requirement.

These were people who did not have a negative PCR or antigen test, correct?

Ms Oonagh Buckley

They were either people who had no such test or had a false test.

How is a false test determined?

Ms Oonagh Buckley

At this point, the staff at the border management unit, BMU, are quite well trained in detecting the necessary documentation relating to tests. The staff at the BMU are very experienced. As the Chair knows, we have been doing this for 18 months.

What happens to those 100 people in terms of testing? How many of them came up as positive?

Ms Oonagh Buckley

I will have to defer to colleagues around subsequent testing. What occurs when somebody is detected by the immigration staff is that they are referred on to An Garda Síochána who will then take a statement from them, because at that point they may have committed an offence. It is a penal provision to arrive in Ireland without a negative PCR or antigen test, so they are now in the trap of being prosecuted for a criminal offence.

If someone is caught coming in without a negative PCR or antigen test, what are the penalties for prosecution under that heading?

Ms Oonagh Buckley

That is an extremely good question. There are so many regulations that I will have to check so I do not mislead the committee. It is subject to prosecution. The Director of Public Prosecutions, DPP, would have to consent to that prosecution and it is a summary offence, generally speaking.

Are there any situations where someone would arrive into Ireland without a negative PCR or antigen test and is there any other process for that, bar being referred to An Garda Síochána?

Mr. Muiris O'Connor

On the health side, as Ms Buckley said, first of all, it is an offence to travel to Ireland without having completed a passenger locator form and without the necessary health documents. As well as any follow up by the Garda, on the health side, a person who arrives without relevant health results is required to immediately self-quarantine and to take a PCR test within 36 hours of arrival. Failure to take that PCR test within 36 hours of arrival is a further offence in law. That is the health follow-up as well.

They self-isolate?

Mr. Muiris O'Connor

Yes, they self-isolate at the moment. That is the arrangement.

They have to take a test within 36 hours?

Mr. Muiris O'Connor

Yes, they have to take a test within 36 hours. The health services and contact tracing will be very proactive in ensuring appointments. That person probably would not leave the airport without an appointment from the HSE for the test after 36 hours. We will be paying much attention to people turning up for those tests, which are required under law.

You never considered doing an antigen test on the spot when these people come in, prior to allowing them to self-quarantine?

Mr. Muiris O'Connor

That is not Government policy right now.

For example, let us say a family with a mother and father and three children were coming back to Ireland for Christmas and it is something they had been looking to do for a long period of time. It is my understanding that children under the age of 11 do not have to get tested. Let us say one of the children is 14 and that child comes up as positive on the antigen test. Maybe it is a situation where the child has recovered from Covid and got a positive result even though he or she has recovered from Covid. What is process in place in terms of being able to get families to come home as a unit, in a safe way in terms of public health, to visit their families in Ireland?

Mr. Muiris O'Connor

The basic premise is that each individual, whether a member of a family or not, is required to observe the requirements in place for accessing the country. The Chair mentioned a circumstance in a minority of cases, where someone who has had Covid had the issue where they persistently triggered positive results on PCR tests. That was a real difficulty, particularly before we widened the scope of testing. However, we provided for that. If that person can show the positive PCR test that referred to their having Covid and it is more than ten days old, then they are in the recovery status.

If that is more than ten days old, the individual is deemed to have recovered from Covid, which is recovery status, and that is deemed to be on a par with vaccination in terms of immunity. That is how we resolved that problem. That was a real problem for a while but it was ironed in further regulations.

In the case of an individual who gets Covid and tests positive in a PCR test carried in the country of residence at that time, as long as the result is positive ten days before he or she arrives in Ireland, that will be regarded as meeting the requirements.

Mr. Muiris O'Connor

The individual is deemed to be recovered and he or she can enter.

Is there any latitude regarding families?

Mr. Muiris O'Connor

I will ask Mr. Comiskey to clarify whether a negative antigen test is required in addition to the older PCR positive test.

Mr. Keith Comiskey

I thank the Chairman for the opportunity to clarify this matter. Individuals who have been vaccinated, who have a certificate of recovery or who had a prior infection have the option of taking an antigen test or a PCR test. For example, somebody who has a persistently positive PCR test would take an antigen test and that would allow him or her to travel to Ireland.

In the case of someone who has recovered from Covid, an antigen test must be taken at least 48 hours prior to travel and the result must be negative. Is that correct?

Mr. Keith Comiskey

Yes.

If the individual has a PCR test which is positive and ten days old, is he or she still required to take the antigen test prior to travelling?

Mr. Keith Comiskey

Yes. There are three scenarios. Somebody who has proof of vaccination has the choice of taking a PCR test or an antigen test, an individual who has recovered or who has a persistently positive PCR test from an old infection can take an antigen test and those without vaccination or recovery take PCR tests.

My final question is to Ms Ní Fhallúin of the Department of Foreign Affairs. She referenced the number of people contacting the Department. I ask her to repeat the contact details. Ms Ní Fhallúin also gave the figures for the number of people who made contact with the Department since the first week of operation of this service. Are they the figures up to yesterday?

Ms Deirdre Ní Fhallúin

They are the figures as of last Friday. As of close of business yesterday, we had responded to a further 400 telephone queries from citizens and to approximately 500 further email queries.

That is approximately 1,500 telephone inquiries and 1,000 emails since 2 December. What is the Department's response time in terms of getting back to people?

Ms Deirdre Ní Fhallúin

The wait times on the helpline are very low at under one minute generally and we normally reply to emails within 24 hours. I want to clarify that while we are responsible for advice to citizens on outbound travel, we co-operate very closely with the Department of Health to ensure that we give citizens the correct information in regard to inward travel. We deliver that through our citizen contact in Ireland via our helpline and our email address, but also through our network of missions abroad. We push messages on the latest public health travel requirements and restrictions for inward travel out through our network of missions. The latter share it on social media in order to make sure that the Irish people abroad who are planning to travel home for Christmas are aware of the latest rules.

Ms Ní Fhallúin might repeat the telephone number, the email address and the Twitter page through which Irish people abroad or people generally who want to travel to Ireland or outwards from Ireland can make contact with the Department. Is the telephone number 016131790?

Ms Deirdre Ní Fhallúin

That is correct. The email address is traveladvice@dfa.ie. There is also the main Department of Foreign Affairs Twitter page plus a dedicated travel advice Twitter account at DFATravelWise.

I am not sure if my final question is relevant to the Mr. O'Connor of the Department of Health and Mr. Towey of the Department of Transport. How many people are travelling for weekend breaks to, say, New York or London and if, in that regard, they take a PCR test or an antigen test in Ireland, can the result of that test be used for the purposes of travel back into Ireland if they return within 72 or 48 hours, respectively?

Mr. Muiris O'Connor

It is valid for the period. If the journey is fully encompassed within the 72 hours, the test remains valid for the return journey.

I thank Mr. O'Connor. I invite Deputy Carey to put his questions.

If Deputy Carey is not available, I can take this slot.

My apologies, Deputy Ó Murchú, I did not realise you had indicated.

I did not expect to have this opportunity anyway.

I thank the Deputy. He has approximately eight minutes.

Apologies for any confusion I may have caused. I am really good at causing confusion.

The Deputy is not the worst.

I am not the best either. I caught a significant amount of the previous engagement, but apologies if I engage in any repetition. I have come across a number of people who tested positive in a PCR in respect of which they isolated, but for a number of weeks afterwards still triggered positive PCR tests. They had great difficulty getting back to work at that particular time. That would be a complete disaster if one was abroad. Things are a lot easier for the individual who is vaccinated in that he or she has the option of taking a PCR test. In the case of a positive PCR test taken prior to return travel to Ireland, what is proposed in terms of isolation? Is the individual required to isolate for ten to 14 days and then take another PCR and-or antigen test even if vaccinated?

Mr. Muiris O'Connor

Mr. Comiskey will correct me if I am wrong but I understand that a negative test is required for entry into Ireland. That means that someone who triggers a positive PCR would not be permitted to board a flight to Ireland.

I get that. I am asking about the timeframe. I am differentiating between the person who did not expect to get a positive result and someone who, because he or she had the infection some weeks prior, is still triggering a positive PCR. What is the Department proposing the latter person would do? Are there specific rules and how would police that travel? It can probably only operate on the basis of the test provided.

Mr. Muiris O'Connor

In the context of the second instance where someone has recently recovered from Covid, the positive test from that experience of Covid becomes a certificate of recovery after ten days. On top of that de facto certificate of recovery, we would require a negative antigen test from the person. There was a bind that people found themselves in before the antigen option was provided for in recent times.

Obviously, somebody who has not been vaccinated will have a difficulty, but that is the way things are.

My next question is for Mr. O'Connor. It refers back to the glorious conversations on digital Covid certificates. In fairness, the digital Covid certificate was rolled out eventually for citizens living in the North or, at least, those who had been vaccinated in the North and a number of other cohorts. I want to follow up on an inquiry that I made.

I have not had an opportunity to check it out, so I apologise if I am wrong. EU digital Covid certificates are available to adults and children in the South but only to adults in the North. Is that correct? If so, is it possible to rectify this?

Mr. Muiris O'Connor

That is correct. I do not believe that is going to be rectified. We are allowed under EU regulations to provide certification of vaccination for Irish citizens. We proactively extended this to our citizens in the North. On the technical operation of that, we have to reassure ourselves that the person being certified is an Irish citizen and on the database of valid passports. The Department of Health restricted the data in respect of which it interfaces with the Department of Foreign Affairs to those data concerning people who are 18 and over. The other part is to confirm and reassure ourselves that the vaccination certificate from the relevant jurisdiction — the North in this case although we have extended beyond that now — is also valid. Those are the two checks. Pending success in respect of both, we are in a position, under EU regulations, to issue the certificates. We would like to extend them to those under 18 but it is not possible with the approach we have adopted. It will be for 18 year olds and over in the diaspora.

What would it take to fix that? We could be living with the pandemic considerably longer than people had imagined.

Mr. Muiris O'Connor

Since we introduced the service for our diaspora, there have been substantial developments regarding international recognition. The digital Covid certificate is the gold standard in vaccine certification. The UK is among a large number of countries that have sought to secure equivalence decisions. While a 17 year old Irish citizen in the North would unfortunately not be able to get an EU digital Covid certificate, he or she would not be hindered from travelling on the basis of his or her NHS Northern Ireland vaccination certificate.

I accept that. The system is somewhat imperfect in the sense that we are looking after some of our citizens but not those under the age of 18. I accept that there were some technical difficulties. I imagine that I will have an exchange of views regarding this.

I am fairly sure that my next question was dealt with previously. Regarding the determination of a single antigen test or whatever for those who are vaccinated, could Mr. O’Connor tell me the reasons? I can probably guess but, rather than having people waste their time listening to my assumptions, I would prefer to get the reasons from the witnesses.

Mr. Muiris O'Connor

What is the question? Is it about the justification for-----

For the single antigen test. Many people who are dealing with antigen testing, even in a personal capacity, are probably doing so on a serial basis. I refer to the idea talked about by Professor Mark Ferguson, in particular.

Mr. Muiris O'Connor

Absolutely, we have engaged with Professor Mary Horgan in framing the regulations. The strict advice and the good practice concerning antigen testing are to run it every two days over a period. The Deputy is aware of that. In regulating for coming and going from the country, it is difficult in law to regulate beyond the point of entry or exit. In the processes of boarding and checking in, we have been able to bake in the certification, passenger locator form and information requirements. In the weeks ahead, the Deputy may well hear clearer and perhaps more proactive advice on running antigen testing. Anyone coming over on an antigen test should do another antigen test or two on days two and four. That is considered good practice, and that is what the task force on antigen testing would expect. With regard to strict regulation and what we can make law, we just focused on the period of 48 hours in advance of arrival.

I accept that. It makes complete sense in respect of the point of law. Regarding antigen and PCR testing, it is believed a vaccinated person presents a lower risk than an unvaccinated person. That is where I assume there is a differentiation between the two.

Mr. Muiris O'Connor

Yes.

I was right at least once.

We are all dealing with Omicron and its outworkings, combined with the disaster that Delta has been for us. Regarding our sampling, updating and all the rest of it, has there been further information? We are all getting the idea that Omicron is more transmissible and that it might be slightly more resistant to antivirals and vaccines. However, we were not quite sure about its danger, for want of a better term, by comparison with Delta and previous strains.

Mr. Muiris O'Connor

It is too early to say. The Government's decisions at the beginning of last week were a temporary set of precautionary measures specifically intended to provide an increased level of protection pending the scientific information unfolding in respect of Omicron. I am reading the same emerging evidence and reports as the Deputy, but I am told it will be later in December before this settles and comes into view. There are worrying suggestions that Omicron is more transmissible, and the severity is unclear by comparison with Delta.

I cannot go into issues of case notification. There are procedures under the health protection surveillance mechanisms, working through the public health doctors. The public and the political system will become aware of the information. I assure the committee of the rigour and attention being paid in Ireland, the rest of Europe and elsewhere internationally to trying to understand the characteristics of Omicron.

Could I ask Mr. O’Connor two questions? How many cases of Omicron have been detected and reported in Ireland to date? It was said initially that the measures introduced would be reviewed after two weeks. Is Mr. O’Connor now telling me that this is no longer the case and that the measures will be in place for a much longer period?

Mr. Muiris O'Connor

I do not have the number reported to hand. Off the top of my head, I think the number is two. I understand the officially confirmed figure is one. Suspected cases and PCR tests where there is an S gene drop-off can be a hint that there may be Omicron. All those are being followed up.

How many suspected cases of Omicron are there?

Mr. Muiris O'Connor

It is not my role to talk about those processes. There is intensive work. I am not sure. There could be between 50 and 100 cases where the S gene is dropping off, but only a fraction of those will prove to be Omicron. There are formal and well-set-out arrangements for case notification and follow-up. We will find any cases that emerge, just because of the rigour and focus. New variants are examined with great proactivity by the HSE.

For how long will the measures on Covid testing requirements apply? It was initially announced that they would apply for a period of two weeks, subject to review. What is the up-to-date position?

Mr. Muiris O'Connor

The position is as set out. The measures will be reviewed. The reviews are taking place daily. There are multiple meetings per day involving public health colleagues linking with all relevant agencies and connecting internationally.

On the basis the Government set out that review, it will require a formal review in two weeks, as it indicated. As I was saying, the sense in the scientific community is that the picture may not be clear in two weeks. It takes a while to understand severity and mortality in particular and for that to play through when a new variant emerges.

In fairness, it seems that due diligence is being done and all information sources in respect of Omicron are being chased down, which is vital and will play a significant part in making determinations on moves in respect of these new restrictions. I appreciate all that has been said.

I ask the Chairman to allow me to put a slightly tangential question relating to an issue that has arisen. I am aware of several community organisations that were taking kids to play five-a-side indoor soccer. There were adults playing alongside and supervising the kids. With the changed rules for indoor settings, am I right in thinking those teenage kids will be checked for Covid certificates? I would not bet on all of them having a certificate, much as I may wish them to have one. I am seeking clarity on that issue. My apologies to our guests; I know they were not anticipating that question.

Mr. Muiris O'Connor

Mr. Comiskey may wish to address this issue. Is the Deputy asking about indoor dining?

No, it is not indoor dining. I am asking about the rules that have changed. The venue is an indoor soccer hall, for want of a better term, but I assume it falls under the same category as leisure centres. There are adults who take the kids playing soccer and are responsible for them and actually play alongside them. I suspect that some of the cohort may not have bothered getting vaccinated. Much as I wish that everyone would go and get vaccinated, what is the set-up in respect of Covid certificates in this instance? Will everyone be checked or will it just be the adults? What is the set-up in that regard?

Mr. Keith Comiskey

I am afraid I only work on the international travel side so I do not have that detail to hand.

That is okay. It was an unfair question. I was just looking for clarity.

Mr. Muiris O'Connor

I am certain the adults in question will require Covid certificates to access indoor gym facilities. We will have to revert to the Deputy on that issue.

I would appreciate that because it is slightly anomalous. It is not clear from the guidelines published on gov.ie.

Mr. O'Connor can revert to the committee with clarification on that specific point.

I would appreciate that. I know some of my questions are somewhat tangential.

We now move to Senator Buttimer, who had to leave the meeting to attend votes in the Seanad.

My apologies; I will have to attend another vote presently. I have several questions because I am not happy with what is happening. I am seeking clarity on foot of the questioning by the Chairman. I apologise for not having been present for the entire meeting. What is the exact situation in respect of the checking of Covid certificates and tests for people travelling to Ireland? There seems to be a significant amount of ambiguity in respect of all this. I apologise because I have to leave to attend another vote. I am not happy with the answers I have heard today but I may have missed something. If the response to my question can be held over until I return, I would appreciate it.

If the Senator has to leave now, we can hold over his questioning until later in the meeting. I will move to another member and the Senator can resume his questioning when he returns.

That is what I will do. I thank the Chairman.

I thank our guests. International travel is very important. It is important that we keep our borders open and have a robust regime in place to provide oversight. There is concern in respect of this variant of concern, namely, Omicron. We have much to learn about it, including its transmissibility and its impact on people. I note with concern the number of Omicron cases that appear to be present in the UK. There has been much news coverage in recent days regarding the number of Omicron cases there. As regards the regime in Ireland and what is asked of people, I ask our guests to take me through what is expected of a person coming into an Irish airport from outside the EU. What do such persons have to show? Is there a difference between passengers coming from outside the EU and those coming from within the EU? I ask Mr. Towey or another of the officials to take me through that.

In answering the question, I ask Mr. Towey to distinguish between people who are vaccinated, those who are unvaccinated and those who have recovered from Covid. Those seem to be the three relevant categories of travellers. Obviously, children under 11 are exempt. I ask Mr. Towey to guide the committee in that regard in order to get clarity.

Mr. Fintan Towey

I can try to do that. Generally speaking, the obligations on passengers travelling to Ireland are not differentiated by region or point of origin of the passenger. The exception is that in response to the emergence of Omicron in South Africa initially, restrictions were introduced in respect of travel from seven countries in southern Africa, including South Africa, and there are particular requirements that apply in those cases. The general requirements, however, are not based on the point of origin of the passenger. Rather, they are based on the health status of the passenger. Essentially, the current requirement is that every passenger travelling to Ireland must complete a passenger locator form. There are very limited exceptions to that. That obligation has been in place since May last year. It is a long-standing obligation. It is an electronic form that has been obligatory since earlier this year. Every passenger must complete it. It requires passengers to declare their health status, that is, whether they are vaccinated, recovered or unvaccinated. That is the first requirement that must be met by all travellers. The second requirement that must be met by travellers is a negative test. In the case of vaccinated or recovered persons, that can be either a PCR test or an antigen test. The timeframe within which the test must be administered is differentiated - it is 72 hours for a PCR test or 48 hours for an antigen test. That is the requirement for persons who are vaccinated or recovered. For persons who are unvaccinated, the choice of an antigen test pre-departure does not exist. All persons who are not vaccinated must have a negative or "not detected" PCR test.

Deputy Ó Murchú touched on this issue earlier. Are our guests aware of people, such as Irish people coming back from a holiday abroad, who have suddenly picked up the virus? Obviously, travellers must have a negative PCR or antigen test 72 hours or 48 hours before travelling. It is basically being stated that those people cannot come back home. To the knowledge of Mr. Towey, have there been many Irish people who were abroad and trying to come home but had to self-isolate abroad? Are there many such cases?

Mr. Fintan Towey

I am sure such instances occur, but they have not come to the attention of the Department of Transport.

I do not know if there are instances that come to the attention of the Department of Foreign Affairs, but it is certainly not something that has been raised with our Department.

In the context of the Department of Foreign Affairs, it will end up being very costly for an individual or a family caught up in this. Are any supports available from that Department for Irish nationals who are caught abroad after contracting Covid? They could be asked to pay a substantial amount of money for hotels. Is the Department getting many of those queries at the moment? What kind of supports are available for families who find themselves in those circumstances?

Ms Deirdre Ní Fhallúin

Yes. The question of those Irish citizens who tested as persistent positives, as they are called, while on holidays abroad was an issue prior to the general reopening of travel on 19 July. We encountered a number of cases. As Mr. O'Connor indicated, the introduction of a positive test that was more than ten days old was then accepted as evidence of recovery for travel back to Ireland. The new regulations have only been in place for approximately two days, but we have not yet seen this arising as an issue. As my colleagues said, those who have evidence of recovery are expected to be able to obtain a negative antigen test in circumstances where they are continuing to persistently test positive on a PCR test.

The issue of people who become stranded abroad is one of the reasons we are now advising quite a precautionary message around international travel to all citizens, partly because the restrictions can change at short notice but also as a result of the fact that there is now a heightened risk associated with all international travel. Where people get into difficulty, the advice is to contact the closest embassy or consulate locally. We offer consular assistance to citizens regardless of the difficulties they encounter. We will be able to offer help, advice and support via our mission networks.

Will Ms Ní Fhallúin explain what she means by help and assistance? Is financial assistance made available to someone who is stranded abroad with a family who have all tested positive for Covid, who are Irish nationals and who find themselves in the type of predicament where they possibly will not be able to afford to stay for ten days abroad, especially when they did not schedule that? Is there some financial assistance that can be made available to them?

Ms Ní Fhallúin might answer that. She stated that issues had arisen prior to 15 July. There is precedence for Irish people on holidays abroad who unexpectedly come down with Covid. Is there a precedent for what Deputy Carey asked regarding assistance from the Department of Foreign Affairs?

Ms Deirdre Ní Fhallúin

In general, it is a matter for citizens to interact with their travel insurance companies around that kind of support. Where we can, do and have offered support is in travelling home and ensuring that people can access the funds to do so. Those are the more frequent cases that we would see, certainly since the introduction of these new regulations. As I said, it has only been 48 hours or so, but we have not come across cases so far of people stranded abroad who have persistently tested positive, but we will monitor that. The supports we offer are for people in certain hardship cases who need such supports. Funding is returned for their flights home. We generally do not have the capacity to support accommodation or subsistence needs for those who are stranded abroad. Where we have large cohorts, such as we saw in Morocco, we would then move to charter flights to pre-empt people being stuck abroad and incurring additional accommodation needs by chartering a repatriation flight.

I will follow up on that point. This is probably for both Mr. Towey and Mr. O'Connor, in addition to Ms Ní Fhallúin. We will have people coming home to Ireland in large numbers in the week before Christmas. The situation will arise where people will have a child that is 14 years old, or one of the parents or whoever, who is detected as positive with Covid. In those circumstances, is anything being given to allow them to come to Ireland? Ironically, they may get through airline procedures and not be detected. We have seen 100 people who have got through for some combination of reasons, including false documents. How many of those 100 people who did not meet the requirements were detected and referred to the Garda did not have a PCR or antigen test or had a false document? What was the breakdown between false documents and no evidence at all of a PCR or antigen test? Will Ms Buckley quickly clarify that?

Ms Oonagh Buckley

Off the top of my head, it was 95.

Did 95 people have no tests?

Ms Oonagh Buckley

Correct.

What countries did they come from? What airlines did they fly with? Is Ms Buckley at liberty to say where they came from?

Ms Oonagh Buckley

Approximately three quarters of them came from Britain.

Three quarters came from Britain. Were the 95 people who were detected on a large or small number of flights? Was it a large number on one flight or small numbers on various flights?

Ms Oonagh Buckley

It was small numbers spread out among various flights.

Were they on Irish or British airlines?

Ms Oonagh Buckley

The majority would have been on Irish airlines.

Is Ms Buckley surprised that they got through? How did they get through? Is it because they were not checked by the airline when they were boarding?

Ms Oonagh Buckley

I cannot really say how they got through. We are obviously not standing over boarding procedures at airports in other countries. I should say that even from our experience of the digital Covid certificate in the period of greater travel over the past few months there would often have been one or two cases. People do manage to get through. There could have been oversight. It is not necessarily deliberate - it is just that people are rushing or busy. I would not necessarily say that there is anything particularly malign about it in that regard. Similarly, we occasionally get people getting through who require a visa. The visa requirements are long-standing and all airlines know them but occasionally people manage to bypass the system, for whatever reason.

I am surprised it is the UK because there are regular flights over and back. I ask Mr. Towey to engage with the airlines that fly those routes to try to reinforce the need for proper checking of Covid tests prior to boarding. The fact that it is the UK, our nearest neighbour, means that these are regular flights. The airlines are not ad hoc but are well-known ones that do regular flights. Is that something Mr. Towey will take up with the airlines?

Mr. Fintan Towey

Absolutely. We have continued to consistently press the absolute need for vigilance at the point of boarding with the airlines. We recognise that it is a critical link in the chain of control but, inevitably, there will be instances of individuals who slip through. It may be the case that it is due to pressure on boarding and pressure to clear the gate or something like that.

We are now placing a significant burden on people returning to Ireland when it comes to testing.

If the burden of getting pre-departure PCR and antigen tests is placed on them, it is only fair that the system works. There cannot be a scenario where someone with the Omicron variant slips through undetected, while such a burden is placed on the rest of the population. I ask that the Department meet the airlines immediately after this meeting to ensure they have proper procedures in place that all passengers are checked. It is to all our benefit that we have a system that works. I assume Mr. Towey will follow up on that with immediate effect.

Mr. Fintan Towey

Absolutely. We have done that as recently as last week but we have a commitment to meet the carriers again. We will reinforce the Chair's message and make it clear that-----

I will make one final point. Is any latitude shown in cases where one member of a family flying home tests positive when that person was not aware he or she was positive? If that person was not detected, he or she would get into Ireland and would have to quarantine and get a PCR test within 36 hours of coming home. Is there any latitude shown for families in such circumstances, especially where young teenagers are involved, in terms of getting them home? It may not be possible but this will become a feature in Ireland coming up to Christmas.

Mr. Fintan Towey

The obligations for travellers are set out clearly in legislation. There are not any exceptions where individuals in a family party are not compliant with those requirements. I understand the difficulty and hardship that this can give rise to but there is not an exception.

I apologise most sincerely to our witnesses for our voting in the Seanad. Another vote is imminent.

My earlier comments were based on the ambiguity I have heard this morning and anecdotal experiences of people coming into Ireland. What is the precise position? Who checks the Covid certificates? Are they all checked automatically? Are the antigen and PCR tests checked? If not, why not? Mr. Towey spoke of appropriate levels of safeguarding. I am concerned that we are letting people in who should be stopped. That is my first question.

I ask Mr. Towey to respond first, after which Ms Buckley may respond on border management and control.

Mr. Fintan Towey

The first line of obligation is on the passenger. The requirements are set out very clearly-----

Sorry, I do not want to be argumentative but, with respect, the term "the first line of obligation" is codology. If I am travelling, I can take the view that I will not bother if I can get away with it. Where do we start the process? I do not mean to be rude but self-obligation does not wash.

Mr. Fintan Towey

I understand but it is important that individuals understand they are committing an offence if they travel without the requirements. That is what is made clear in the information. That is what carriers direct passengers to in their booking procedures. The persons who travel are subject to a check at the point of boarding, at the risk of being denied boarding if they do not have a passenger locator form receipt and a negative test. The are then subject to a further test at border control.

At the point of boarding, say, at London Heathrow, if I walk up to the check-in desk or gate prior to departure or at the first point of entry, I have to provide my Covid certificate and passenger locator form before I get on the aeroplane.

Mr. Fintan Towey

You much provide a passenger locator form and negative test result.

It is a negative antigen or PCR test result.

Is every passenger who boards a flight, irrespective of the carrier, asked for a negative test result and passenger locator form?

Mr. Fintan Towey

That is the legal obligation on carriers, yes.

What happens if the carrier does not ask me for either of those and I land in Dublin, Cork, Shannon, Knock or wherever?

Mr. Fintan Towey

In that instance, the risk to the travelling passenger who is not in compliance with the requirements is that, at border control, he or she may be subject to a further requirement to produce the documentation and subject to prosecution for failure.

May I read an email I received from a member of the travelling public who was concerned with what they saw?

Is it a long email?

I will not name names.

It is not too long.

It is two sentences. The person said that they were asked for a Covid test at the immigration booth but not a vaccination certificate or passenger locator form. The person further states that for those who used the e-passport gate, nothing was checked. That was yesterday.

Perhaps Ms Buckley will respond.

Ms Oonagh Buckley

The primary responsibility - this is in line with the whole of EU advice - is that the checks should be done not on arrival but on departure. In other words, the person should be checked before boarding the carrier. That is the obligation on carriers, as Mr. Towey pointed out. However, in an effort to support the whole process, border control is carrying out extensive spot checks. We are not carrying out checks on 100% of people because if we were w to do so, it would cause excessive delays at immigration control. We are checking more than 10% of passengers and in some cases 100% of flights. In addition, we must keep the e-gates open because we are back to about 60% of the normal rates of immigrating passengers. We would not be able to cope if we closed the e-gates. Approximately 30% of people fail the e-gates for some reason, for example, for inserting their passport upside down. If a passenger is redirected to the booths, we automatically check that he or she has a test. We have significantly enhanced our testing at the airport over recent weeks in order to support the whole-of-government effort.

I apologise for being tetchy or cranky. As public representatives, we are receiving complaints from people who are travelling that they are not being asked for forms and results. I appreciate that there will be long queues and difficulties but if we are serious about trying to keep a variant out, there is a view that we should be checking all documentation around Covid. That is the view in the wider public. There is a need for us collectively to give real information and provide people with what is required. I do not want Mr. Towey to think I am being rude but with the best will in the world, people will try to skip any responsibility to get on a plane to come home or whatever.

If I may introduce a note of positivity, the Department of Foreign Affairs helped people to leave Morocco recently. It was very hands-on and positive in its engagement and got people home safely. I thank the Department for that. I apologise, Chairman, as I am not normally cranky but this is serious. Civil libertarians are attacking us for taking away liberties and curtailing rights, while on another level we do not seem to be doing what it says on the tin.

How many extra staff are available? Several issues will arise. The first one is detection. Cases are coming from the UK. Has the level of checks increased? How many extra staff have been made available? We do not want another situation to arise where people queue for hours to get home, as occurred in Dublin Airport last August. There will be more people coming into Ireland approaching Christmas. It is crucial that those who are law abiding and have negative Covid tests are allowed through the airport as quickly as possible. How many extra border control staff have been provided, if any? Has the level of testing on those coming from the UK been increased? Does Ms Buckley believe that border control is doing an adequate level of checking of passengers arriving in the country?

Ms Oonagh Buckley

Returning first to what Senator Buttimer said, it is quite right for him to say that people are writing to him to tell him they were never checked in Dublin Airport. There was a collective misunderstanding about this matter, however. We hear it as well and we are asked many parliamentary questions and receive many press queries about it. The misunderstanding is that every piece of paper is going to be checked on arrival in Dublin Airport. That is not the case. As we have explained, the checks are to take place as people are leaving the departing airport. That is appropriate and in accordance with EU advice regarding where those checks have to happen.

To answer the question from the Chair, as I said, we are back to about two thirds of incoming passengers relative to pre-pandemic levels and the airport is busy again. The Chair mentioned delays in August. Without trying to throw anybody else into the mix, those were not immigration delays. Those were people being delayed on departure because of delays in the security checks on the way out.

Point taken.

Ms Oonagh Buckley

Regarding extra staff, we have significantly enhanced the number of staff in the border management unit since the summer. I will not be able to give the exact figure but, from memory, I think we have added about 40 staff to the border management unit. At the moment, we are relying on the good will of our staff in respect of doing significant overtime.

An extra 40 staff have been added to how many existing staff? How many staff are there in total?

Ms Oonagh Buckley

I ask Ms Leahy to give us an idea of the total number of staff working at the airport.

Ms Eileen Leahy

We have 136 permanent immigration control officers and 24 additional temporary staff who were added in the summer.

Have extra staff been taken on in the last 48 hours?

Ms Eileen Leahy

No.

Why not?

Ms Eileen Leahy

Sorry, since when?

Have any extra staff been taken on since the new Covid testing requirements came in?

Ms Oonagh Buckley

No, we have not added any extra staff because we have sufficient numbers to man the system and run the checks. It will be noticed that there have not been excessive delays at the airport. We are, however, using a good deal of overtime to ensure we have sufficient staff 24-7 across all the e-gates and booths at the airport. There has been no excessive delays at immigration and no excessive complaints about delays.

Ms Buckley will appreciate that pressure will mount coming up to Christmas. If there is a need to take on more staff, is there capacity to do so?

Ms Oonagh Buckley

My senior management colleagues and I in the Department have never been found wanting in respect of supporting the border management unit. It is our priority. Our second priority is the International Protection Office. Those are the two immigration service priorities at the moment.

I thank Ms Buckley for the clarification. I apologise for being tetchy but we are getting mixed messages. This is part of the overall mixed messaging problem about which we are getting complaints. As the Chair said, there have been numerous media presentations about this issue, so I am glad we have clarified the matter.

To ask an overarching question regarding the carriers, have they been resistant or has there been full compliance with these measures? Is the Department happy with the level of engagement by the carriers regarding requesting information and documentation?

Mr. Fintan Towey

We have engaged consistently with the carriers on the requirement to carry out checks to uphold the controls necessary from a public health perspective. If the Senator is asking if these controls and checks are going to get a round of applause from the carriers, no, they will not. The carriers want to get people through the boarding gates as quickly as possible and do their basic checks of identification and boarding passes.

Are any airlines refusing to do these checks?

Mr. Fintan Towey

No. They accept that they have to play a part in upholding the public health requirements. We have worked with them to try to ensure that these checks are as streamlined and straightforward as we can possibly make them at the point of boarding.

I thank the witnesses. On the delay with the introduction of the new regime, there was confusion about the regime. That was a significant source of frustration for many people who understood that they needed a pre-departure PCR test. Many of them went and got such tests and then learned, principally through Aer Lingus or some of the other carriers, that they did not actually need them. I would like some clarification on how that confusion arose and how we might avoid it in future.

To whom is the Deputy directing his question?

Mr. Muiris O'Connor

The delay was indeed unfortunate, and it left little time for us to communicate the detail of the regulation and, in particular, when it would become effective. At its Cabinet meeting on Tuesday, the Government signalled a date and we worked morning, noon and night after that meeting to give effect to the regulation. A fair amount of complexity was involved in extending the scope of testing to include antigen tests. It had not been encompassed in previous regulations and required a lot of discussion back and forward. In addition, a great deal of detail about the exemptions that would or would not apply was required, especially regarding the travel ban covering South Africa and the other countries included in the context of the Omicron regulations. We realised we were running out of time. In interactions with our colleagues at this meeting and in other Government Departments, it was decided that we had to communicate in this regard. We felt from an early point that a notice period of about 48 hours was appropriate. We were not in a position to provide the clarity on the details that people sought from us through our embassies and elsewhere, so it was not an ideal situation by any means. Lessons have been learned. In future, we would signal our intention and perhaps do the groundwork before clarifying a notice of exact implementation.

It would be done the other way around.

Mr. Muiris O'Connor

Yes. We do not have a reimbursement facility for those who took tests on the assumption that they would be required. All I will say is that the public have guidance to have additional assurances regarding Covid, given the emergence of the Omicron variant. Any layers of protection that people come through with are always welcome. I regret what people might consider as an unnecessary expense but there is value in those tests being carried out, even when the regulation did not pertain.

Yes. Moving on to the testing regime, there has been plenty of discussion of this issue. Having come from another meeting, I am not sure if this issue has been discussed already. When Professor Mark Ferguson appeared before the committee to discuss his report, we discussed the possibility of using self-administered antigen testing on a serial basis, pre-departure and post-arrival, as a potentially useful tool. Regarding the logic behind the professionally-administered antigen tests pre-departure, such testing is cumbersome. Logistically, it is difficult for people to make their way to get the test done professionally. It is also more expensive. In some cases, it can cost €40 or more, which has significant implications for people. I wonder if the rationale here is based on the quality of the administration of the test or is it intended to be a deterrent to travel?

Mr. Muiris O'Connor

I ask my colleague, Mr. Comiskey, to address this question.

Mr. Keith Comiskey

The costs of antigen tests are typically much cheaper than PCR tests.

For the travelling public it is cheaper to take an antigen test rather than a PCR test. In terms of specifying travel regulations and the rules of travel, particularly to aid colleagues in the airlines and border management, it is necessary to define what a test result might be. I do not think it is possible for a self-administered test to be defined in such terms that could be checked on arrival. It would need to be a professionally administered test by a health professional. That is consistent with the European approach whereby, under the digital Covid certificate, DCC, framework, it is possible to obtain an antigen test and also get a DCC on the basis of that test. People who are travelling between European destinations are able to get a DCC based on an antigen test and use that for travel purposes.

I have a follow up question on DCCs and Mr. Comiskey's finishing point leads into it. I have queries from constituents and I do not know if this issue has been resolved in terms of updating DCCs with booster details. In some countries there is an entry requirement that vaccination status is in date and it will run out after 12 months. Have DCCs been updated, or can they be updated, with details of booster shots?

Mr. Muiris O'Connor

The current policy is that the DCCs are not being updated in respect of boosters. However many active meetings are taking place in recent weeks and there is a growing recognition that it would make good sense to update DCCs in regard to booster shots and to update particularly that date of most recent vaccination. As the Deputy said, there are countries contemplating a conclusion to the immunity period, of different durations. The European Commission is working very effectively to propose and proactively seek a common European approach to build on the common certification arrangement. The current position is that booster updates are not being issued. However many of us are on call or at regular meetings to support the ongoing delivery of the certificates and connect with Europe and represent Ireland's position. We are confirming our technical ability to deliver those. My expectation and the expectation across member states is that we will be issuing updated digital Covid certificates in the weeks ahead and perhaps beyond that, routinely, as boosters are administered.

That is interesting to hear. We will keep an eye on that as it develops. I have two final questions in regard to the North and harmonisation of systems as far as possible. On an all-island basis, my understanding is that DCCs are available for adults in the North but not for children. Is that the case? If it is the case, why? An issue that has arisen for me and I am sure for a number of colleagues is on the harmonisation of the passenger locator form. People who are resident in the South, in the Twenty-six Counties, arriving in Belfast from mainland Europe, for example, are being faced with difficulties in terms of the British passenger locator form. It has resulted in people arriving at a check-in desk in Portugal or wherever they might be, and being refused access to the plane. There have been a number of instances where people have had to fork out hundreds of euro to make alternative arrangements. Is the witness aware of that issue? What is being done to resolve such anomalies?

Mr. Muiris O'Connor

On the issue of availability of the EU DCC being confined to adults in the diaspora, on the basis of data protection and data sharing arrangements we confined our access to a list of valid passports for 18-year-olds and older. We will not be extending the service to under 18-year-olds. In practical terms, for 16-year-old or 17-year-old Irish citizens of Northern Ireland, their NHS vaccine certificates will be recognised on a par with the EU DCC on the basis of a recognition agreement between the EU and the UK. That is the scope of service that we are offering to the diaspora.

I might just leave a question mark beside that for an opportunity to return to it, but I take Mr. O'Connor's response.

Mr. Keith Comiskey

In regard to the Deputy's question on the passenger locator form, passengers either to or from Ireland should be aware of the obligations that apply to them when they travel. In terms of our national regulations, we can only oblige passengers who are travelling to Ireland to complete our passenger location forms. We cannot oblige passengers who are travelling to Belfast to complete a passenger locator form. However passengers arriving in the State, having been off-island, are required to complete a passenger location form. In the case of a passenger who travels from off the island to the Republic of Ireland via Belfast, he or she would be required to complete a passenger locator form and have that available, but that would be separate to his or her obligation to complete the requirements for arriving in Belfast.

I might flag that with Mr. Comiskey and come back separately to this issue that has presented for people transiting through the North, to the South, and difficulties they have run into with the British passenger locator form related to transiting. It has caused an unnecessary burden on people, with financial implications in a number of cases. This has come up for me and for colleagues as well so maybe that is something we could pursue and try to resolve. I am conscious that individual travellers have an obligation to familiarise themselves with the rules, regulations and criteria but I think this is potentially an anomaly that has caught a number of people and maybe with a bit of diplomacy could be resolved.

Mr. Muiris O'Connor

We have very good relations with our health counterparts in the North. If the Deputy could feed that issue through we could work on it.

I thank Mr. O'Connor.

I thank the witnesses for coming to the meeting today. I acknowledge Mr. Towey for being here. For aviation and the Department of Transport, it has been extraordinarily difficult to deal with these restrictions. I wish to get an understanding from all of the officials on this Covid testing regime that came in. How did this come about? Was it a case that NPHET was in contact with the Department of Transport to bring in these new travel regulations for arrival requirements into Ireland with the advent of the Omicron variant? Would anyone be willing to answer that on behalf of the Department of Transport?

Mr. Fintan Towey

The Government made the decision in response to the threat that was emerging from the omicron variant. When any new strain arises, a limited set of tools is available as a safeguard against that new variant arriving into the country. Fundamentally, this amounts to pre-departure testing, some form of post-arrival testing or quarantine, whether that is at home or at a facility for mandatory quarantine. It is within that suite of options that the Government clearly took the view that the one that could be moved on most quickly and readily was pre-departure testing. That was in accordance with the views of the public health advisers.

Does the Department have a position on how much of an impact this is having? Is it seen as something that is constraining aviation or causing unnecessary issues? Another matter I want to understand is why there was a delay. Many people went to the expense of having to purchase the tests required before arrival, whether PCR or professionally administered antigen tests, a few days before travelling. They met that cost but all of a sudden implementation was pushed from the Friday to the Sunday. Will the witnesses explain what happened there?

Mr. Fintan Towey

On the first point, it is fully understood that any additional impediments to travel have huge implications on the aviation and maritime transport industries. We keep in close contact with those sectors on the emerging obligations. As we have explained very clearly, the issue is that public health requirements must weigh heavily in the consideration here.

I must interrupt as although I know it is not a nice question to answer. I am speaking specifically about those who got caught in that three-day delay. Will Mr. Towey explain what happened? I have limited time so I would appreciate it if he could focus on that.

Mr. Fintan Towey

It was covered briefly earlier. The intention was to move as quickly as possible and introduce the requirement on Friday, 3 December. In the event, the process of converting what the Government had decided in principle into the binding legal obligations took some time. That aligned with the need to give passengers forewarning of the timeframe to allow them comply with legal obligations, and that led to the date being moved from 3 December to 5 December.

I have some critical feedback. I have complimented some of the work done but this needs to be said if anything happens in the future and we need to strengthen pre-arrival requirements in testing for any new variant or whatever. Leaving it so close to midnight for the airlines to be informed was not productive and it left quite an expense on many people and particularly consumers. That was unfair. I appreciate that it is often the case in politics that legal advice can cause impediments to certain measures being implemented, and this is correct as we are talking about the law. We must point out though that what happened was wrong and it is an area for improvement.

Overall, from the capital expenditure point of view, the Department of Transport has moved very quickly to support airports with capital and operational expenditure. That has been fantastic and I say "well done" to everybody on that. I know many people in airlines and airports will be listening today and they have done fantastic work as well, especially those working very closely with the committee.

In many ways the new variant has presented us with difficulties but we must do a strong assessment of the risk involved in travel. A person on a bus or train may sit next to another person for an extended period and we should have a frank discussion about whether the aviation sector is as big a risk as it is made out to be. There is no doubt it is involved with the spread of new variants and that is currently in the spotlight. Once we get a better understanding of the new variant, we should look at withdrawing some of the prerequisites as soon as possible or when we have a full understanding of the efficacy of vaccines in respect of the new variant. That research will probably be published in the run-up to Christmas and we will have a much improved understanding of it.

This is just frustrating for passengers. People who regularly travel via plane have told me they are almost sick of the process at this stage. Each country has its own various approaches as well, and that is not very productive. NPHET should do some self-analysis on its attitude to the aviation sector. There is a strong argument that air filtration systems on planes make them one of the safest locations for a large gathering of individuals in an enclosed space. It is a point that is not often made. Mr. Towey and the departmental officials know that public confidence in aviation has been damaged so much and we need to rebuild that. In the context of Cork Airport, Dublin Airport and other regional airports, such as Shannon - it is often spoken about passionately by representatives from that area of the country - we have a big job to do to rebuild public confidence in aviation. I have flown a few times in the past number of months for work and travel. Everybody is putting in a major effort and that must be acknowledged. It is not something we should unnecessarily throw under the bus when it suits NPHET to do so.

To clarify, this measure was supposed to come in last Friday at midnight. When did the Department make the decision to defer it to Sunday? When did it inform the airlines about that?

Mr. Fintan Towey

I believe we informed the airlines at approximately 7.30 p.m. or 8 p.m. on Thursday evening following our engagement with the Department of Health.

What time was the measure supposed to be introduced on that Friday?

Mr. Fintan Towey

It was the start of Friday, so after midnight on Thursday night.

Okay. Why was that left so late? People would have got PCR and antigen tests and had that cost over the previous 72 hours in the case of PCR tests and 48 hours for the antigen tests. Why was this left so late into Thursday evening?

Mr. Fintan Towey

The intention had been for the regulations to be made on Thursday night and it was on that basis that we had forewarned the carriers of the obligations and the information on the Government's travel website.

Was the decision to defer this to Sunday from the Department of Transport or the Department of Health? Did it come from the Departments dealing with foreign affairs or justice?

Mr. Muiris O'Connor

It was a collective decision in the end. As Mr. Towey has said, we were aiming to give effect to the Government's decision in the timeframe signalled by the Government. We worked from morning to night each day and there were only two days between the Government meeting and the signalled deadline. Colleagues from the Department of Foreign Affairs and those in this meeting were sifting through the practicalities involving people in destinations outside Ireland who were trying to come home. For example, there was consideration of people's ability to access tests. We regret that people incurred what would they would now regard as unnecessary expenses in getting tests, which were an extra layer of assurance consistent with the Government advice. We did not want penal provisions in place for people who, with the best will in the world, absolutely could not turn around a test administered by a professional in the time window. It was a combination of factors, including the feasibility of implementing the regulation and the direct feeds coming through embassies, justice and transport networks. People genuinely needed time to be able to comply with provisions. That is why we acknowledged it was not optimal. This is part of the nature of responding to the pandemic and the unpredictability of it. The Government was eager to be decisive in a precautionary way, pending the filling out of information. That will fill out very quickly in the weeks ahead.

With regard to Deputy O'Connor's comments, the Department of Health and NPHET have nothing against airlines. We have done much work to ensure travel can be done in a safe way and we have played an active part in European measures. We have been at the heart of certifications and the passenger locator form process.

These are not restrictions in our minds. They are an infrastructure in which travel can continue to operate during the pandemic. The public health specialists are paying a great deal of attention to Omicron. The Government's stated position is that the extra measures, including testing, are temporary and under constant review. Others have mentioned a specific Government commitment to a formal review in two weeks. These measures will not be kept indefinitely or beyond when they are valuable, but they are valuable right now as we hold our breath and pay attention to the scientific community.

From the Department of Health's perspective, what set of circumstances would there have to be for the restrictions introduced on Sunday relating to antigen and PCR testing to be relaxed?

Mr. Muiris O'Connor

Other colleagues would determine those circumstances. We would need clarity on the transmissibility and severity of Omicron versus Delta and continuing improvements in the basics, those being, hospital and ICU cases. Those are the key circumstances.

Apologies. We have been in and out of the Seanad voting a couple of times. I have read all of the submissions and heard most of the opening presentations but I might not have heard all of the questions, so if I repeat something, the Chairman might let me know. Much of what I was going to ask has been covered anyway.

Is there a medical reason for a 48-hour antigen test versus a 72-hour PCR test? Why has one a shorter window than the other?

Mr. Muiris O'Connor

There is a medical reason. It also corresponds with the time intervals agreed at EU level to underpin the EU digital Covid certificate.

Someone may have asked my next question but I did not hear the answer to it. I am not even sure if this exact question was asked. If someone flies over for the day to a Liverpool or Manchester United match, gets an antigen test before going and then mingles with 50,000 people in a stadium before returning, is the test he or she got before leaving valid?

Mr. Muiris O'Connor

It is valid for 48 hours. If someone's journey is encompassed within those 48 hours, then the answer is "Yes" for travel purposes.

For example, someone could get an antigen test at lunchtime on a Friday, fly out on Saturday morning and fly back Saturday night or early Sunday morning and still be within the 48-hour window. If it was a PCR test taken on Friday morning, that person could come back Sunday evening. This may be a question for the Department of Health. While the announced restrictions have to do with the seven scheduled states and trying to ensure that people who have been away for a long time do not bring Omicron back with them, what is the purpose of the short-term restrictions? Someone could fly over, possibly get infected in a jurisdiction that has less regulation and less mask wearing than we have and then return where the piece of paper would be checked by the airline or whoever, assuming it is the 10% that gets checked. How are we catching people who get infected in that short window?

Mr. Muiris O'Connor

Through public health measures, the notifications to people to monitor symptoms and the guidance to people to pay a great deal of attention to restricting their movements after travel. These are not regulations with penal provisions but they are clear guidance for people to mind themselves and lie low. Antigen tests are also useful in the window beyond someone's return. There is no straight answer to the Senator's question. Those infected-----

It is not doing anything other than incurring a cost for people. If their tests are positive before they fly, they obviously should not fly but this mechanism will not necessarily pick up anyone who catches something on a short trip. It is just a cost to them and does not do much for public health that these people would not be doing anyway.

Mr. Muiris O'Connor

No. It offers a substantial assurance that people are not boarding aeroplanes while being infectious with Covid.

For the departing flight but not for the returning flight.

Mr. Muiris O'Connor

It offers some comfort. I am not a medical expert but, as far as I understand it, if someone were to pick up Covid in that small window while jumping over for a match, it would be a number of days before he or she had a sufficient quantum of the virus to be infectious.

Does that have to do with the viral load?

Mr. Muiris O'Connor

Yes. I should not speak on this medical matter but I do not believe that someone represents a risk if he or she has received a negative test in that window before travel. There is a reasonable assurance that such people are not infectious on the aeroplanes.

Everything that can be done to keep infectious people from infecting other people and bringing an infection that is not in the country into the country is positive, be they returning to Ireland or coming to visit, but there appear to be gaps in the system whereby people will get caught otherwise.

Regarding the border management unit, there was a reference to 100 people being caught without certificates or the required documentation. I do not know whether that was in a day, a week or whatever. The 100 were out of how many? Have the airlines involved been asked about where those 100 came from and what flights they were on? If someone turns up without a passport, he or she is more or less put on an aeroplane and sent back unless claiming asylum or so on. What is happening in terms of those who do not have the documentation they are supposed to have and that the airlines are supposed to be checking?

Ms Oonagh Buckley

It was approximately 100 people in the first three days of the operation of the new testing regime. It was 100 out of nearly 80,000 immigrating passengers in that time. It was a tiny number.

Out of 8,000 people, since some 10% were checked.

Ms Oonagh Buckley

Out of 80,000 people immigrating in the three days. There were approximately 30,000 on each of the weekend days and approximately 20,000 on the Monday.

To clarify, there were 80,000 passengers travelling through Dublin Airport in the past three days and 8,000 were checked, representing 10%, and 100 of those were found not to be in compliance. Is that correct?

Ms Oonagh Buckley

Without being able to provide an absolute figure, we checked far more than 8,000. The minimum we have checked is 10% of any flight but we are actually at a much higher rate. On some flights, we have checked 100%.

On every flight that comes in, 10% of passengers are checked.

Ms Oonagh Buckley

We try to. There are some peak periods in the airport. For example, in an hour and 25 minutes on a Sunday night, 25 flights land. If we were to check 10% of people on every flight that lands in that period, we would cause very long queues at midnight in Dublin Airport. We have to reduce the checks at that point so that-----

To less than 10% of those flights.

Ms Oonagh Buckley

For those particular flights, if we were to check 10%, we would cause significant delays at the airport.

Someone watching this meeting who was flying back on a Sunday night might decide that, since the likelihood of being checked is 1% or almost 0%, he or she will not bother getting a test.

Ms Oonagh Buckley

We are doing spot checks at the airport whereas 100% of people are supposed to be checked on boarding.

The point I am trying to develop is whether we have gone to the airlines, worked out what flights the 100 passengers were on and asked the airlines what was happening with their systems that they were letting these people through.

Ms Oonagh Buckley

Yes, we have done that. We have also gone back to our colleagues in the Department of Transport, who have also done that.

What has been the outcome with the airlines? What are they saying? What is their response to having let these people through if they are supposed to be checking everybody?

Ms Oonagh Buckley

They have certainly been responsive to our engagement with them, as they always are when we detect that there are difficulties with whatever controls are in place. I will pass over to Mr. Towey, who will probably be able to tell the Senator about his engagement with the airlines.

What reason did the airlines give for these passengers getting through? Of this 100, 95 had no PCR test or antigen test of any description. What reason did the airlines give?

At a minimum, they had no documentation to prove they had been tested.

Ms Oonagh Buckley

I do not want to put words in the airlines' mouths but generally they say that these cases must have been oversights. As I have said, with large numbers of people boarding and tens of thousands of people coming into Ireland every day, such a small figure would not be unusual. It is at the level of human error.

With all due respect, if I was getting a flight from anywhere, I would not be allowed on the aeroplane without a ticket. If the tickets are being checked, it should be relatively straightforward to check for a PCR or antigen test.

It is a new system but, as the Chairman said, airlines are very used to checking boarding passes and passports. Many people have been caught, particularly by one airline that is very well known to most people, for not having passports. A passport is not a requirement for travel to the UK but the airline requires one. That is part of its terms and conditions. Airlines are very used to checking passports and making sure they are not out of date. They also make sure to check other stuff. In general, only 10% of passengers are being checked. The Department has acknowledged that more than 10% are being checked on some flights but, equally, less than 10% are being checked on others, particularly on Sunday nights. People have spent quite a bit of money. I know somebody who was in Tenerife last week who spent a lot of time and who was very anxious about complying with these new systems that they did not know anything about when they flew out. After having spent two days being anxious, finding a test provider and spending money to get one - I think they were €70 each - they discovered the test was not checked when they flew back on Saturday morning. I know that was a matter of timing and that they could have been checked on the Saturday if the deadline had not been moved. Most people are going to be very compliant but the people who are being very compliant want to know that those who are not being compliant are not going to get through the system. That gives people less confidence and makes them ask why they are shelling out money and spending time on this when nobody is checking. That is the frustration.

Mr. Fintan Towey

We have reinforced the message to carriers that the checks they are to undertake as part of the overall control chain are obligatory. They claim they are doing everything they can. There is an important differentiation to be made between this check and checking the boarding pass or passport. Those documents are standardised. That is not true of PCR test or antigen test results. Some of those tests are attested by the digital Covid certificate. That is clearly helpful. That is a standardised document. However, other forms of evidence are not standardised. That may be the source of some of the difficulty. It is the case that a very small number of travellers have been found to have produced false documentation while others have produced no documentation at all. I cannot say but I wonder whether it may be the case that some travellers had provided something false to an airline at the point of boarding but, when interrogated by a border control official in uniform, decided not to produce anything at all. I do not know but some of those factors may be at play.

On the checks done by border control officials at Dublin Airport, 95 of the 100 who have been found to date had no documentation whatsoever while the other five had false documentation. It is about providing a level of security to people. Is what the airlines are being required to do governed by legislation or regulation? The officials have said there are no penalties. What is the legal status of this ask being made of airlines? Is it voluntary? What underpins it legally?

Mr. Fintan Towey

It is a legal obligation placed on the airline under regulations made by the Minister for Health pursuant to the Health Act 1947 following consultation with a range of Ministers. It is a legal obligation to which no penalty is attached so there is no penalty for the airlines but, as I said earlier, if an offence provision were to be introduced, it would have to be clearly stated and there would have to be clear rules around the type of defence airlines could mount with regard to what they had done and how they upheld what was required of them. It opens up the question of whether airlines would need to retain the information of boarding passengers. That leads to a whole layer of complexity with regard to data protection and so on. It is not something that can be done easily. It would be very difficult to do.

On that particular point, is it a requirement in law for airlines to keep passport data and so on? Is it already in law that airlines must check passports and keep data in that regard? I know that, with certain airlines, people key in their passport number, date of birth, passport expiry date and so on, so the airlines are collecting those data. Are they required in law to do that?

Mr. Fintan Towey

I cannot be specific on the exact requirements. There are some requirements on airlines with regard to collecting data of that kind and providing them to other jurisdictions in advance of travel. The checks on passports at airports by airlines are carried out in conjunction with checking the boarding pass. It is a confirmation of identity, which is obviously critical from the point of view of aviation security. Without checking, I cannot say how that is expressed, that is, whether it is-----

I know there is a different rule for the common travel area. People need photo ID, which may be work ID or some other form of ID and does not have to be a passport. The passport is also permission to enter a country, depending on where someone is from. If someone is an EU citizen or comes from certain other states, he or she is entitled to be here. The rules are there. People from certain other countries need visas or other permits to get into the country. Of course, the passport is proof of identity, but it is much more than that. It represents an entitlement to enter the jurisdiction of this State. Airlines are required to make sure that any passenger getting on their planes have the right status to come into the country.

On the e-gate system, if passengers walk up to an e-gate, they are not checked. If I am right, whether they have an antigen test or PCR test, they will not be checked. Are people being diverted? I know they can be diverted across if their e-gate does not work. I heard that. However, if people go to an e-gate and it opens because they have done all the right things, look the right way and have taken off their mask, glasses and everything else, is anyone going to check that they have had a test? Can somebody, after watching this committee meeting, decide that, if they turn up and go through the e-gates with a working passport, he or she will not be checked for an antigen test or PCR test? They may hope the airline will not check. We are relying on the airlines a lot. That is fine once we know the airlines are doing what they are supposed to but the checks - and only 10% of passengers are being checked - are finding people who are making it through the system. I accept that this is new and that there are many different versions of antigen tests and PCR tests but it sounds to me like a person who happens to have got on a plane without a test can turn up at an e-gate and be unlikely to be caught. Is that fair?

Ms Oonagh Buckley

May I can come in on this? I wish to reassure the Senator regarding the numbers we have caught. On some flights,100% of passengers are being checked. Every person is going through the booths and having his or her health information checked. In the first three days of this antigen or PCR test regime, we have found a tiny proportion of people who do not have the necessary paperwork. The vast majority of people have the correct paperwork when they are stopped at border control for a spot check.

As a travelling passenger, people can have absolutely no certainty at any point in time that they will not be checked by a border management or immigration control person. People must have the correct paperwork because if they arrive at a border check and do not have it, they have committed a criminal offence. They will be referred to the Garda and may be prosecuted. That is an important message that needs to go out.

The carriers who carry out checks before people board are doing passengers a favour. They are preventing them from committing a criminal offence by arriving into Ireland without the necessary paperwork. I want those messages to go out.

It is also important to say that the staff are protecting not just a passenger who could be committing an offence, but the rest of passengers on the plane who have all been tested and have been shown not to have Covid. If people have turned up without that proof there is less guarantee that they are Covid free than everyone else who has been tested. That is important. If I am getting on a plane having passed all of the tests and have to sit beside people for a half-hour flight to Liverpool, a four-hour flight to the Canaries or Greece or a seven-hour flight to the Middle East or America, I want to know that the people on that plane are unlikely to infect me with any variant, regardless of my vaccination status.

This system has to happen. I am not trying to do it down. People are talking about this on the radio and elsewhere. It is good. It is important that people understand they are likely to be caught and prosecuted. Did the officials manage to find out what the penalties were for the 100 people referred for not turning up with a test? Is the punishment a slap on the wrist? What are the current sanctions in law?

Was it ever the case that people were found to have broken the law were returned to the country from which they came?

Ms Oonagh Buckley

Mr. Comiskey may be able to clarify what the penalties are. They relate to measures in the Health Act.

On persons who arrive without the necessary public health checks, there are limited circumstance where persons have arrived from designated states. Generally, these people have EEA rights, are Irish or EU citizens or have a right to be in Ireland because they are resident here. We do not have a right not to allow them to enter the country, but what we do is prosecute them. They have a right to come in to Ireland; we cannot refuse an Irish citizen the right to come back home.

Of the 100 people detected, were all of them Irish citizens?

Ms Oonagh Buckley

A significant majority were Irish citizens.

Okay. Ms Buckley wanted to refer a question to a colleague.

Ms Oonagh Buckley

Mr. Comiskey will be able to answer the question on penalties.

Mr. Keith Comiskey

In the case of a first offence there is a fine not exceeding €4,000 or imprisonment for a term not exceeding one month, or both. In the case of a second offence it is a fine not exceeding €4,500 or imprisonment for a term not exceeding three months, or both. In the case of a third or subsequent offence it is a fine not exceeding €5,000, imprisonment for a term not exceeding 60 days or both. In the case of somebody who has been caught the first time the fine is up to €4,000. For somebody who is a multiple offender, the fine is up to €5,000.

Is it up to An Garda Síochána to prosecute?

Mr. Keith Comiskey

Yes.

Has it prosecuted anyone to date?

We are only three days in.

Ms Oonagh Buckley

An Garda Síochána refers the matter to the DPP in advance of prosecution. That has been its pretty persistent approach to any of the Covid measures. To the best of my knowledge the Garda is contemplating prosecutions, but for earlier infringements it is far too soon to say at this point.

We will move on.

I thank the teams from the various Departments who are working hard to keep all of the safe. I hope that sooner rather than later these measures will not be necessary. It is important that they are in place and that the likelihood of being caught is reasonably high. The cost of a PCR or antigen test is far less than a fine of €4,000 if people end up being prosecuted. I thank everyone for their involvement.

I propose to call members who would like to contribute. We have spoken about Dublin Airport. As a Deputy representing Limerick city, Ms Buckley will appreciate that I want to welcome people home at Shannon Airport. I have colleagues in Cork, Knock and Kerry airports. What size teams are based in these airports in terms of border management control and the checking of Covid tests?

Ms Oonagh Buckley

The Chair will find that from now GNIB will perform the immigration control at all ports of entry. We have grand plans to roll out civilianisation to those border checkpoints in the future, but we are not there yet. As yet, we do not have the statistics from An Garda Síochána as to the level of detection for incoming passengers in the various other airports. It is worth pointing out that well over 90% of incoming passengers land at Dublin Airport. More than nine out of ten passengers who land into any port of entry in Ireland come through Dublin Airport.

Checks in Shannon and Cork are being carried out.

Ms Oonagh Buckley

Yes. GNIB is doing that and would staff those areas. We have asked it for those statistics. It was impossible to produce them for this afternoon, but we can provide them to the committee in due course.

I appreciate that. I want to speak about South Africa and Morocco. Many of the Munster rugby team happened to be in South Africa and some caught Covid. How many Irish citizens with Covid are in South Africa and have yet to return to Ireland? The situation in Morocco is likely different because it stopped all inbound and outbound travel. Some 156 citizens came back last Saturday on a Ryanair aircraft, which is to be welcomed. How many Irish citizens are still in Morocco and want to come back to Ireland? I ask for an update on South Africa and Morocco.

Ms Deirdre Ní Fhallúin

The two situations are different in the sense that commercial flights remained available outbound from South Africa throughout the period of the crisis. The embassy in Pretoria engaged with upwards of 200 citizens. The Chair will appreciate that I cannot comment on any individual case.

I appreciate that. How many remain in South Africa and want to return? How many have Covid?

Ms Deirdre Ní Fhallúin

In the past few days we have had little or no contact from citizens there. Our understanding is that some of those who engaged with the embassy earlier on in the crisis have now returned. Air France resumed flights last weekend and people were able to travel with KLM and Lufthansa. Our sense from the latest update provided by the embassy is that those who sought to return have now done so or are waiting to return on previously scheduled flights.

What about Morocco?

Ms Deirdre Ní Fhallúin

We managed to capture the vast majority of those who were in Morocco. The 156 people who travelled back from the charter flight we arranged on Saturday represent the majority of stranded citizens. There have been one or two contacts in the intervening days with the embassy, I believe. A number of special flights are being operated, for example through Paris. There are options, limited though they may be. The embassy in Rabat is relatively new. It is engaging with individuals and will provide them with all of the support, advice and guidance they need to return home.

I assume the numbers in Morocco at this time are very small. Am I correct?

Ms Deirdre Ní Fhallúin

They are negligible at this point.

I am in Leinster House 2000. I was here for the first hour and a half, but other meetings were going on. I apologise to the witnesses but I did get to hear all of their opening statements. My first question is to Ms Ní Fhallúin and is a little bit off centre. What engagement did she and the Department of Foreign Affairs have with the Munster rugby team? I was watching, aghast, last week when they were stranded in South Africa. Of course, we wish them all the best of health and well on the rugby front. However, I am trying to drill down on what supports Ms Fhallúin and the Department were giving, because it certainly looked as though the situation in South Africa was floundering for a few days.

Ms Deirdre Ní Fhallúin

I am afraid I am not able to comment on individual cases. What I can tell the Deputy is that, like all groups, individuals or families who make contact with us, support was offered through the embassy in Pretoria and also through the consulate directorate at headquarters throughout.

Ms Deirdre Ní Fhallúin

I am afraid we are bound by strict rules around commenting on individual cases.

Well, I have to respect that. It is a pretty large group of individuals, in size and in quantity, but I appreciate that. I hope they were given good support. Certainly, many people have curtailed their travel, but our sports teams have been travelling internationally over recent months. Lessons probably need to be learned from the Munster team's experience in order that when they are out of the country, full consular support would be available for them to get back quickly if the situation were to deteriorate, as it did in South Africa. My next question, for Mr. Towey, is about mandatory hotel quarantine or perhaps this is more appropriate for the Department of Justice. Where is mandatory hotel quarantine now possible? Perhaps the question is more appropriate for Ms Buckley.

For whom is the question more appropriate?

Ms Oonagh Buckley

The Department of Health, I am glad to say.

The buck is being passed.

Mr. Muiris O'Connor

To the best of my knowledge, the Minister for Health last week and the Oireachtas approved an updated legal basis for mandatory hotel quarantine. The legal basis is in place. I ask Mr. Comiskey to come in, if he knows more. My information is that no hotels are currently operating mandatory hotel quarantine. It is just a part of the measures that are being put in place, should the Government wish to give effect to further protective measures and in this instance, where they might be required in respect of people from Omicron states. There would be a number of days work involved. I understand work is ongoing on the operational aspects, beyond the legislative aspects, of mandatory hotel quarantine. The Government decision was to establish the legal basis, which has been done.

Does Mr. Comiskey know what hotels are in question or whether there is a list?

Mr. Muiris O'Connor

There is no list. A tendering exercise would be needed.

I was assuming Mr. O'Connor would mention a hotel in the curtilage of Dublin Airport, because that is what has happened heretofore. No Member of Dáil Éireann, going into the Chamber last week, found this palatable. It is certainly a measure we want to see in place for the shortest possible time. If we determine somehow that the Omicron variant is not as volatile as it is now believed to be, that measure needs to be rolled back on immediately. However, the point I was trying to make was that ten months ago, when mandatory hotel quarantine came in, a hotel quite near to Dublin Airport was selected. There was probably logic to that because it was largely just Dublin Airport that had inbound and outbound flights. Obviously, that has now changed.

If a passenger were to come through a transit flight, maybe landing in Heathrow Airport, and travelling onwards to Shannon Airport, we would need to have capacity in the mid-west and near Cork and Knock airports. It is quite conceivable that someone could be coming from a flight this week or next from an African nation, especially South Africa or its adjoining countries, travelling through Africa and coming out through Morocco and on to London. We need to have that capacity in these regions.

My next question is for Mr. Towey. I do not wish to repeat all the measures, because members have already extensively questioned him on these. Is the same level of scrutiny applied to smaller airfields such as Weston aerodrome and to private jets coming into the country? This question has come up time and again. In terms of civil aviation some people fly in and out in small Cessna turboprop planes or jets from the UK or central Europe. Are all those layers of checking, scrutiny and verification also applicable at smaller and medium-sized airfields, such as Weston aerodrome?

Mr. Fintan Towey

The obligation that applies to carriers is not differentiated by reference to airports. Anybody who is carrying a person into the country aboard an aircraft has the same obligation to ensure they meet the legal obligations. I am not in a position to say whether the case of a person flying his or her own aircraft is covered. That may not be covered, unless, of course, it is the personal obligation of travelling to Ireland that applies equally. In terms of the checking arrangements that apply at smaller airfields, such as Weston, obviously, turboprop planes are very small, but I am not sure what border control measures are deployed there.

Ms Oonagh Buckley

On the role of border management control at aerodromes and smaller airports, we can certainly get a note on that for the committee.

I thank Mr. Towey and Ms Buckley for their responses and I appreciate that when they come to these meetings, they are asked the standard questions and a few curveball questions. We do not expect answers to everything, but I hope for an answer to this question in the coming days, as it has arisen for me a few times. I would love to know the answer to it. I remember way back at the start of Covid, when very few commercial flights were taking off, private flights were still going between Britain and Ireland. It would be important to establish what is in place for those flights and for self-flown flights, of which there may be ten or 12 per week. They do take off and go over and back and it is important to establish whether measures are in place and whether there was a way of verifying it.

Digital Covid certification is neat and simplified in that one has it on one's phone and scans it going through the airport. It helps all agencies concerned, but there are some people who still come to the airports with certification in a paper format. Has Ms Buckley seen any forged paper certificates? Has this increased or decreased? Is it elaborate? Are there ways of detecting it? What sanctions are there? Is the individual pulled, there and then, from the airport and sent home or to a Garda station?

Ms Oonagh Buckley

We have detected a tiny number of false digital Covid certificates, DCCs. It is a very small number indeed. Those persons are referred to An Garda Síochána for prosecution, as would be the small number we have detected presenting without a PCR or antigen test or with a false result from the past three days. We have detected a slightly higher number of false or wrong PCR tests since the testing requirement as an alternative to a DCC came into force. I should say that the staff are very good at detecting false paperwork.

They get used to seeing what is correct and what is not. Obviously, we have to rely on the good sense and expertise of the immigration staff but they tend to do an excellent job. They have a great deal of experience and are good at looking for false papers. That is part of their training and it is something that we rely on them to do.

During the Hallowe'en break recently, I flew to London for a few days with my family. On the outbound leg from Shannon Airport, I found that the systems in place were fantastic. I felt very safe. Flying out of Shannon Airport one would feel confident that one does so in an environment that, as far as possible, is Covid free and safe. However, on the inbound leg of my journey from London Stansted, I encountered a problem and nearly every passenger in the queue behind me encountered the same problem. I ask the witnesses to respond to this because it is also possibly happening in Ireland. Basically, the issue arose when we went to the baggage screening machines. There are certain thresholds for liquids and airport security staff very often bin containers with liquids. I had a small bottle of hand sanitiser but it was taken from me. I accepted that because that is what happens at airports and it has been standard for years. However, I found that when I got beyond that point in the airport, I was not able to buy more hand sanitiser and there were only one or two locations in the whole concourse of the airport thereafter that had hand sanitiser. Has the threshold above which liquids are confiscated changed in any way? Are there any proposals to change it in light of the fact that hand sanitisers are carried by virtually all passengers now? My experience is that the systems are working very well in Irish airports but is there some way of ensuring the maximum amount of hand sanitiser is available beyond the security checkpoint?

Mr. Fintan Towey

Obviously those limits in relation to liquids exist for reasons of aviation security. Those limits stand and there is no proposal to change them for the moment. I am a bit surprised by what the Deputy has said in relation to hand sanitisers because for various other products for which those limits create a problem, the market has responded fairly quickly in terms of finding solutions. I am a little bit surprised that there was no availability of hand sanitiser.

Generally speaking, protocols are applied at airports that have been developed by the European Aviation Safety Agency in consultation with the European Centre for Disease Prevention and Control, ECDC. Those protocols provide for sanitisation measures and I would have thought that hand sanitiser would be included there. Obviously, the UK is not part of the EU but I would have expected that it would apply similar protocols, but maybe not.

I have a quick question for Mr. Towey. What are the requirements for someone who flies from the UK to Belfast and then travels on to Limerick or Cork?

Mr. Fintan Towey

Such passengers would obviously be bound by the rules that apply in the UK vis-à-vis internal flights. I do not think there are any requirements in relation to testing. Persons arriving into this country, having flown to Belfast, are under an obligation to complete a passenger locator form.

If they complete a passenger locator form that says they are flying to Belfast and then travelling on to Limerick, are they required to provide a negative PCR or antigen test?

Mr. Fintan Towey

No, not as a requirement of this jurisdiction because there is no such requirement in the UK.

Am I correct in saying there is nobody in hotel quarantine at the moment?

Mr. Muiris O'Connor

That is correct.

Hotel quarantine has been in place since 29 November for seven designated countries but nobody has come into this country from those countries to date. Is that correct?

Mr. Muiris O'Connor

Mr. Comiskey will answer that question.

Mr. Keith Comiskey

The number of people coming in from those countries is quite small. These are what we call scheduled states. They are not designated states that would have applied with the mandatory hotel quarantine. The new Bill on mandatory hotel quarantine that was passed by the Oireachtas last week has not been commenced yet so the obligation on passengers coming in from scheduled states is to quarantine at home and to take tests on arrival in Ireland. It is a not mandatory hotel quarantine but a mandatory home quarantine and post-arrival testing regime for those passengers.

When do the new procedures come into play in terms of mandatory hotel quarantine?

Mr. Keith Comiskey

I do not have that information, to be honest. I do not work on that side of the Department. I do know the Bill was passed by the Oireachtas last week but it will take some time for it to be established. It is not in place at the moment.

Ms Oonagh Buckley

No Government decision has yet been taken to formally establish mandatory hotel quarantine. The legislation has been passed and officials are working on the arrangements that will be needed to introduce a mandatory hotel quarantine system should the Government decide it is a necessary public health measure.

My next question is for Mr. O'Connor. Why was it not decided that the booster vaccine dose would automatically go up on the digital Covid certificate? It seems a very obvious thing to do. Is it a technical issue? We have been told the booster dose will make a huge difference in the context of variants such as Omicron and Delta. The witnesses have said the Department is looking at this but why was it not just an automatic decision with regard to the digital certificate?

Mr. Keith Comiskey

Initially when booster doses became available throughout the EU, some countries did start issuing digital Covid certificates to their citizens who had been vaccinated. What was happening in some cases was that a different format of the certificate was being issued by different countries, so the EU established a standardised process so that the certificates would all look the same and contain the same types of data in the exact same format. That has now been agreed at European level and we are now working through the process to ensure we are able to issue updated digital Covid certificates for people who have had a third or booster vaccine dose in Ireland.

How quickly will that happen?

Mr. Keith Comiskey

We would be hoping to have the process in place in a matter of weeks. I cannot give a definite date but we would be hopeful that within a few weeks we will be able to issue the certificates based on a booster dose. The general principle of the digital Covid certificate regulation from the EU is that member states have an obligation to issue a certificate to people when they have been vaccinated. We are very conscious of that and are working with our European partners and the HSE to roll that out as soon as possible.

That is brilliant. I will conclude with some observations. All of the witnesses here today are working incredibly long hours. I hope they do not take this the wrong way but they all look quite tired and will need a break at Christmas. I expect the hours they are working are incredible. On behalf of the committee, I want to acknowledge the phenomenal work they are doing. We are living in very fluid, changing times. We want to get the message out to people who are coming home at Christmas about what is involved.

It is quite clear the Department of Foreign Affairs has very good information lines through which people can make contact. People must complete a passenger locator form. It is pretty straightforward for people who have been vaccinated or who have recovered from Covid-19. They must provide a negative PCR or antigen test no more than 48 hours prior to arrival. Those who are unvaccinated must provide a negative PCR test no more than 72 hours before arrival. The issue when people arrive is to ensure they can get through the airport as quickly as possible.

I ask the witnesses to look at the level of checking being done to make certain it is robust. We know it is only three days in. On a human level, we see situations arising where families are coming back during Covid. I know Mr. Towey had to make that hard comment, but can anything can be done where there are teenagers over 11 years old who come down unexpectedly with Covid? Can that be examined? That might not be possible, but on a human level we must ensure they can come back with their families, whether that requires isolation or whatever. Hopefully, this measure will not last for too long and the Omicron variant will be found to be not as infectious as once thought. To summarise, we wanted this meeting to provide information for the general public.

We thank the witnesses for taking the time out of their exceptionally busy schedules for today's meeting. We hope they get a break over Christmas and thank them for their work. I thank Mr. Towey, Mr. O'Flaherty, Mr. O'Connor, Mr. Comiskey, Ms Ní Fhallúin, Ms Buckley and Ms Leahy for attending this meeting and engaging with us in such a thorough fashion. Obviously, they will come back to us with further information. We hope this will not be in place for long. If it is there in the new year, the committee may have to revisit it.

In addition to thanking the witnesses as public officials, I thank the staff and secretariat of the committee - Padraig Grant, Anthony Larkin, Ciara Kilbane, Stephanie Bollard and Tracey O'Driscoll - who is deputising today - for their great work. I wish you all a happy Christmas.

The joint committee adjourned at 4.31 p.m. until 12.45 p.m. on Wednesday, 15 December 2021.
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