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Covid-19 Pandemic

Dáil Éireann Debate, Tuesday - 8 September 2020

Tuesday, 8 September 2020

Questions (1098)

Brian Stanley

Question:

1098. Deputy Brian Stanley asked the Minister for Health if an exemption pass will be issued to those that are unable to wear a face covering on public transport and in shops due to a medical condition such as emphysema. [21366/20]

View answer

Written answers

I wish to assure the Deputy that my Department appreciates the challenges experienced by those with medical difficulties.

The public health advice relating to Covid-19, including that relating to face coverings, is kept under continuing review by the National Public Health Emergency Team (NPHET). NPHET continues to examine all emerging evidence as it arises and provides advice relating to face coverings on an ongoing basis. Based on current advice, there are no plans at present to issue an exemption pass to those that are unable to wear a face covering as set out in the question.

A person, without reasonable excuse, must now wear a face covering when using public transport, in retail outlets, shops and shopping centres, in other indoor spaces such as libraries, cinemas and cinema complexes, theatres, concert halls, bingo halls, museums, businesses carrying out cosmetic nail care or nail styling, hair care or hair styling, tattoo and piercing services, travel agents and tour operators, laundries and dry cleaners and licensed bookmakers.

The relevant Regulations are:

Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (Face Coverings on Public Transport) Regulations 2020 (S.I. No. 244/2020)

Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (Face Coverings in certain premises and businesses) Regulations 2020 (S.I No. 296/2020)

S.I. No. 244/2020 does not apply

(a) to a person under the age of 13 years,

(b) to a person driving a public transport vehicle from a compartment in which he or she is the sole occupant,

(c) where there is a screen in a public transport vehicle which separates the driver of the vehicle from persons boarding or alighting from the vehicle, to a person driving the vehicle from behind that screen,

(d) where there is not a screen in a public transport vehicle which separates the driver of the vehicle from persons boarding or alighting from the vehicle, to a person driving the vehicle during the periods when no person is boarding or alighting from the vehicle,

(e) to a member of the Garda Síochána in the course of performing his or her duties.

S.I. No. 296/2020 does not apply to

(a) a person under 13 years,

(b) the occupier, manager or person in charge or a worker where there is a screen that separates them from other persons or the person takes all reasonable steps to maintain a distance of two metres

(c) a member of the Garda Síochána in the course of performing his or her duties

The public transport Regulations (Statutory Instrument SI No 244 of 202) provide that a “relevant person”, defined as an officer, employee or agent of a public transport operator or of the National Transport Authority, who is responsible for the implementation of the Regulations and it is, therefore, a matter for the public transport operators and the National Transport Authority to make arrangements for what they consider necessary to ensure that such “relevant persons” are satisfied with the information provided by any individual who is using a public transport service.

The retail and other business Regulations (Statutory Instrument SI No. 296 of 2020) provide that it is a matter for the occupier, manager or person in charge to take all reasonable steps to engage with persons entering or in a relevant premises to inform them of the requirements to wear a face covering and to promote compliance with the requirement. It is therefore a matter for the management of the retail operator concerned to decide what he/she may accept in terms of a reason for not wearing a face covering.

The Deputy may wish to note that the requirement to wear a face covering in the situations described is a penal provision for the purposes of section 31A of the Health Act 1947 (No. 28 of 1947). Enforcement is a matter for An Garda Síochána.

A reasonable excuse includes when a person cannot put on, wear or remove a face covering because of a physical or mental illness, impairment or disability or without severe distress; to communicate with a person who has difficulties communicating; to provide emergency help or care to a vulnerable person; to avoid harm or injury or to take medication. In addition, in retail outlets, it is also permitted to remove the face covering to allow for identification when the sales of goods or services have a minimum age requirement, or to assist in the provision of healthcare or healthcare advice.

The Deputy may also wish to note that it is recommended to wear a face covering when staying 2 metres apart from people is difficult; in a healthcare setting (including hospitals, GP surgeries, care settings, nursing homes and dental practices); when visiting anyone who is more at risk from coronavirus - such as people aged 70 or over or people who are medically vulnerable and in an enclosed indoor space with other people.

The current face covering advice is available at

- https://www2.hse.ie/conditions/coronavirus/face-masks-disposable-gloves.html

- http://www.gov.ie/facecoverings/

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