Dáil Éireann Debate, Tuesday - 3 November 2020
91. Deputy Michael McNamara asked the Minister for Health the provisions in place to guarantee parliamentary oversight of existing and future regulations made pursuant to the Health Act 1947, as amended, in the event that the emergency provisions contained therein are extended beyond 9 November 2020. [32284/20]
View answerSection 31A of the Health Act 1947 (as inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020) provides for the power of the Minister for Health to make regulations for preventing, limiting, minimising or slowing the spread of Covid-19. Subsection (3) of the Act provides that before making such regulations, the Minister for Health shall consult with any other Minister that he considers appropriate, having regard to that Minister’s functions.
There are a number of regulations currently in operation under Section 31A. The latest are the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 (S.I. No. 448 of 2020). As part of the making of these Regulations, I consulted the Minister for Transport, the Minister for Business, Enterprise and Innovation, the Minister for Finance, the Minister for Justice and Equality, and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media in accordance with subsection (3) of section 31A of the Act.
In relation to parliamentary oversight, section 5(5) of the Health Act 1947 provides that every regulation made by the Minister for Health under the Act is laid before each House of the Oireachtas as soon as possible after it is made. If either House passes a resolution to annul the regulation within the following 21 days after having been laid, the regulation will be annulled.
The latest regulations, Number 8 regulations, were laid before the Houses of the Oireachtas and notice of them was published in Iris Oifigiúil on the 23rd of October 2020. I can confirm that any future Regulations that relate to public health measures to minimise the spread of Covid-19 will be made in compliance with these provisions of the Health Act 1947, as enacted by the Oireachtas.
