Dáil Éireann Debate, Tuesday - 29 June 2021
554. Deputy Holly Cairns asked the Minister for Health if he will conduct a substantive review of the exercise of emergency powers enacted since 20 March 2020; and if he will make a statement on the matter. [32494/21]
Amharc ar fhreagra555. Deputy Holly Cairns asked the Minister for Health if he will conduct a human rights impact assessment of emergency legislation enacted since 20 March 2020; and if he will make a statement on the matter. [32495/21]
Amharc ar fhreagraI propose to take Questions Nos. 554 and 555 together.
Under Section 31A of the Health Act 1947 (as inserted by Part 3 of the Preservation and Protection of Human Life and other Emergency Measures Act 2020), the Minister for Health may make regulations to give effect to public health measures to protect the health and lives of people, having regard to the constitutional duty of the State to respect and, as far as practicable, by its laws to defend and vindicate the rights of citizens to life and to bodily integrity. They are drafted subject to the advice of the Attorney General to ensure that they are constitutional.
Government decision-making on public health measures has been informed by public health, economic and social impact assessments which have been undertaken on an ongoing basis throughout the pandemic with inputs from across Government to understand and assess both the impacts of the pandemic and the impacts of the restrictions imposed to manage it.
Government has always sought to balance rights and obligations along with ensuring that the public health measures being introduced are proportionate to the public health objectives being pursued and they are kept under constant review in light of the prevailing epidemiological situation.
The Deputy will also be aware that a Government amendment to the Health and Criminal Justice (Covid-19) (Amendment) Act 2021 introduced at Dáil Committee Stage provides that the emergency powers expire on 09 November 2021, with only one extension after that permitted by joint resolution of the Oireachtas and for no more than 3 months. It is my hope that an extension of these powers will not be required past 09 November 2021.
Question No. 555 answered with Question No. 554.
