The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 was signed into law by the President on 20th March 2020.
The provisions of the 2020 Act provide (new section 38A of the Health Act 1947, inserted by section 11) for the detention and isolation of persons that a medical officer of health believes, in good faith, to be a potential source of infection with Covid-19 and a potential risk to public health, until such time as the medical officer of health of the HSE certifies that the person’s detention is no longer required. These provisions recognise the evolving circumstances surrounding the spread of the disease; its high degree of infectiousness; the health sector’s obligations to protect human life and public health; and the resources available to the health service (and the challenges that these all pose).
Section 38 of the Health Act 1947 also applies. This section allows for mandatory detention and isolation of persons who are probable sources of infection with Covid-19 and other named infectious diseases specified in the Infectious Diseases Regulations 1981 (as amended). The section requires inspection by a medical officer or medical practitioner prior to detention and isolation.
Anyone with concerns in relation to issues relating to self-isolation of a person suspected or diagnosed as having Covid-19 is advised to contact their relevant HSE Department of Public Health or the Health Surveillance Protection Centre who can advise as to appropriate measures to be taken and ensure appropriate action is taken, where required.