Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Health Minister Simon Harris in the Dáil today

Emergency Covid-19 legislation passes all stages in the Dáil

The government included a sunset clause for the legislation to be review in November after concerns were raised by TDs.

LAST UPDATE | 19 Mar 2020

THE DÁIL HAS this evening passed the emergency Covid-19 legislation.

A limited number of TDs are attending Leinster House today, with proceedings going on until 8.30pm tonight in order to pass the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Bill 2020. 

The bill will be taken for debate in the Seanad tomorrow, before being signed into law by President Michael D Higgins this weekend. 

While the majority of political parties backed the legislation, which deals with social welfare payments and detaining people who have Covid-19 if needed, a number of amendments were tabled.

The main issue of concern among some TDs related to a time-limited review or “sunset clause” being included in the bill. 

Health Minister Simon Harris accepted the concerns, with the government putting down an amendment to include a sunset clause review on 9 November 2020. This means that the powers which will be enacted under this new law will be reviewed, with an option to let then fall or be renewed.

Speaking in the Dáil, Harris thanked all parties and TDs for their cooperation, saying there is “no time for petty party politics” as we are facing “unparalleled and extraordinary circumstances”.

He thanked frontline staff including doctors, nurses and paramedics, saying “everybody is coming together in a true national effort”. 

Harris noted that over 30,000 people have responded to a massive recruitment drive across the health service to tackle Covid-19.

“Through these tough times the Irish people continue to show strength and resilience. In the dark days ahead, the Irish people will be the light that guides us through.”

“We cannot stop this virus, we cannot wish it away,” Harris said, adding that Covid-19 “does not discriminate based on age, gender or geographical location”. He stressed the importance of HSE guidelines to stop the spread of the virus as much as possible.

Tánaiste and Foreign Affairs Minister Simon Coveney said the certainty the government gives “in terms of people protecting themselves will be the difference between whether this virus kills hundreds of people, thousands of people or tens of thousands of people in Ireland, it’s as simple as that”.

“That is why we’re asking people to work with us. We will provide as much transparency as we possibly can in terms of the decision-making that is going on within government right now.”

Coveney said departments are “working night and day to try to protect their sectors”. He added that the government will be as “open” and “truthful” as possible “even if the news isn’t good”.

“What we are doing today is not normal, we are asking people to pass legislation because it is necessary.”

The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Bill 2020, which can be read here, provides for changes to remove the waiting period for payment of Jobseeker’s Benefit and Jobseeker’s Allowance in cases related to Covid-19 diagnoses and isolation.

Screenshot 2020-03-19 at 14.02.07 The Dáil chamber this afternoon. Screengrab / Oireachtas.ie Screengrab / Oireachtas.ie / Oireachtas.ie

The Bill also deals with the issue of detainment, which is something that arose a number of weeks ago when Covid-19 was added to the existing list of notifiable diseases. This already includes diseases like measles and TB.

This issue was the main concern for some TDs today, with many calling for a review of the powers to be included, known as a sunset clause. 

Currently, if a public health emergency or a breakout of infectious disease is declared in Ireland, powers are in place to detain an individual who has an infectious disease.

The emergency legislation also contains powers to detain those suspected of being infected with Covid-19.

Under the government’s emergency measures, if a medical officer believes “in good faith” that a person is a potential source of Covid-19 and is a potential risk to public health and refuses or is unlikely to self-isolate, the officer can order their detention and enforce isolation.

Medical officers can order a person’s detention in a specified hospital or another place until it is deemed that the person’s detention to self-isolate is no longer required.

A medical officer must also make sure a medical examination of the person detained is carried out as soon as possible and no later than 14 days from detention.

A person can ask that their detention be reviewed “as soon as practicable” if they believe they are not a source of infection.

Roscommon TD Denis Naughten as well as Fianna Fáil’s Stephen Donnelly spoke in the Dáil today about their concerns.

Naughten said he wanted the new law to be time limited and reviewed in 12 months time.

He said he was worried if a time limit isn’t in the new law, then it could be abused by some future government.

Donnelly raised the issue of medical officers being designated by HSE to sign off on detentions. He is concerned about the “breadth of people” who might be considered a medical officer under the law, adding that it appears it might be a “low bar”. 

He said it is important to ensure there are “checks and balances” in the law.

This issue was also raised by Labour’s Brendan Howlin, People Before Profit’s Richard Boyd Barrett and others. 

Social Democrat’s co-leader Catherine Murphy said “you just never know where abuse can happen” stating that the sunset clause is absolutely necessary.

Independent Galway TD Catherine Connolly described the law “draconian”, something Harris took issue with, stating that the bill is not excessive as it aims to protect the public.

‘Sunset clause’

Speaking to RTÉ’s Morning Ireland yesterday, Liam Herrick, Executive Director of the Irish Council for Civil Liberties, described the emergency powers as “invasive”, adding that they “are so significant in terms of our fundamental rights”.

Herrick questioned why only one medical officer is being given the power to order detention and raised concerns that there is no time limit on detention stated in the legislation.

In addition, Herrick questioned what safeguards will be in place for a person who believes they have been inappropriately or illegally detained.

“We need to ensure that the technical aspects of safeguards are correct,” Herrick said.

“And I think what we’re particularly interested to look at is that the standard here is that a medical officer deems the detention to be appropriate.”

Herrick added that it is imperative that any emergency legislation introduced to curb the spread of Covid-19 should be time-limited, or include a sunset clause which stipulates that once this emergency is over it can no longer be used to interfere with rights.

He said the government must act within the Constitution and ensure that any restrictions of rights are proportionate and only as invasive as is necessary to protect public health.

Evictions and rent freeze

Harris said Housing Minister Eoghan Murphy will bring forward separation legislation to support renters. A temporary rent freeze and ban on evictions is being expected to be introduced.

Coveney later confirmed in the Dáil that renters will be “protected”, stating: “We will legislate to ensure that there will be no evictions during this period.”

Speaking in the Dáil earlier, Sinn Féin leader Mary Lou McDonald said “no threat of eviction should hang over anybody’s head” during the crisis.

“Tens of thousands of people have lost their jobs, many more will lose their jobs in the days and weeks ahead, as businesses have had to close their doors.

“And for these families, the fear of the virus is now matched by the fear of bills that cannot be paid, rents that cannot be paid, mortgages that might go into default.”

Catherine Murphy, co-leader of the Social Democrats, said a number of people who have received eviction notices recently have been in touch with her office and are in “an absolute panic”. 

Screenshot 2020-03-19 at 14.18.14 TDs are sitting further apart than normal in order to 'social distance'. Screengrab / Oireachtas.ie Screengrab / Oireachtas.ie / Oireachtas.ie

Labour’s Alan Kelly echoed this sentiment, saying any rent that people cannot afford to pay because of the pandemic “cannot be crystallised”.

“This is not like dealing with mortgages. The debt cannot be crystallised. They can’t put it off, they can’t pay it, so the State has to intervene. I cannot be any clearer than that.”

Kelly said personal protective equipment must be made available to all healthcare workers, not just some. He also called on mobile phone data to be used as part of the contact tracing process.

McDonald said the crisis “presents us with the challenge of our lifetime – to protect health, to defend livelihoods and to save lives”.  She called for an island-wide response to the crisis, saying all 32 counties should work together.

She and several other TDs commended the work of frontline healthcare staff as well as the public’s response to the current situation.

‘Utterly shaken’

Ahead of the debate today, Ceann Comhairle Seán Ó Fearghaíl called Covid-19 “cruel and capricious”, saying it has “come from nowhere to challenge us”, leaving us “utterly shaken and taken aback”.

Ó Fearghaíl commended Taoiseach Leo Varadkar’s address to the nation on Tuesday night, saying “parliamentarians must lead by example” and be at the forefront of dispatching practical, factual information.

“We all have a part to play, we all should be involved,” Ó Fearghaíl added. He said Ireland is “up to the challenge” but it will be a “painful and challenging journey”.

There was limited numbers allowed in the Dáil today for proceedings.

Ó Fearghaíl wrote to party leaders last week proposing that just 48 TDs attend the sitting today, given the need for social distancing amid the coronavirus pandemic.

Fianna Fáil, Sinn Féin and Fine Gael were asked to limit their TDs attending to 11 each, the Greens to four, the regional independent group to three members, and all other parties and groups to two each.

The Dáil will return next Thursday to pass emergency rent measures announced by the minister today.

With reporting by Christina Finn

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
86 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute Thomas Maher
    Favourite Thomas Maher
    Report
    May 15th 2017, 9:48 AM

    There’s more than a good chance that 58%. Of people don’t realise they are already working with, friends with people, with mental health issues.
    It’s people’s general ignorance of mental health is the problem.

    259
    Install the app to use these features.
    Mute Jun Stone
    Favourite Jun Stone
    Report
    May 15th 2017, 12:52 PM

    @Thomas Maher: I worked with someone with serious mental health issues, was a complete nightmare, she shouldn’t have been at work but was a single mother so had to be there. In the beginning I felt really sorry for her but she would just walk out and leave me to deal with patients on my own in a very serious area. I know it wasn’t her fault and she shouldn’t have been at work, but it’s not an experience I’d like to repeat to be honest.

    63
    Install the app to use these features.
    Mute Living The Laws
    Favourite Living The Laws
    Report
    May 15th 2017, 3:50 PM

    @Thomas Maher: and perhaps ignorance of their own mental health issues

    8
    See 1 more reply ▾
    Install the app to use these features.
    Mute Kerry Blake
    Favourite Kerry Blake
    Report
    May 15th 2017, 7:25 PM

    @Jun Stone: Personally Jun I’d blame the organisation you worked for they should have provided supports for your collage and yourself.

    6
    Install the app to use these features.
    Mute Marcia Craine
    Favourite Marcia Craine
    Report
    May 15th 2017, 9:39 AM

    Jeez there’s a lot of work to do here. And the irony is, the people who say they wouldn’t talk to someone with a mental health issue probably have one themselves, or have it in the family, and just are not aware of it.

    Awareness is what this is about. Just because you can’t see it doesn’t mean it’s not real, or doesn’t exist.

    117
    Install the app to use these features.
    Mute Gillian Weir Scully
    Favourite Gillian Weir Scully
    Report
    May 15th 2017, 10:01 AM

    What if someone with mental Heath issues is normal and we are all coping with life and that makes us feel different and so not normal. What if 95% of us are normal with our mental health issues?

    65
    Install the app to use these features.
    Mute Thomas John Whyte
    Favourite Thomas John Whyte
    Report
    May 15th 2017, 1:45 PM

    @Gillian Weir Scully: Hi Gillian, what do you mean? Just curious.

    4
    Install the app to use these features.
    Mute UpThereAndHereAsWell
    Favourite UpThereAndHereAsWell
    Report
    May 15th 2017, 2:35 PM

    @Gillian Weir Scully: What is the whole notion of “mental health” was simply a Western mindset to capitilise and profit off… Most the world over its called suffering, and everyone is subject to it

    8
    See 4 more replies ▾
    Install the app to use these features.
    Mute Thomas John Whyte
    Favourite Thomas John Whyte
    Report
    May 15th 2017, 3:32 PM

    @UpThereAndHereAsWell: @UpThereAndHereAsWell: Yes, definitely everyone is subject to suffering, but some people can’t cope and need help. I’m sure you both mean no harm but this thread sounds a bit like ‘Just get on with things- everyone is suffering’. I know it’s really tricky to be inclusive and also to encourage people to feel like they can put their hands up and ask for extra help if they are extra-not coping. I guess that’s the conversation society needs to have. ‘Everyone suffers from mental health problems’ may be a true and honest message, but on its own it’s actually quite dangerous.

    7
    Install the app to use these features.
    Mute Thomas John Whyte
    Favourite Thomas John Whyte
    Report
    May 15th 2017, 3:38 PM

    @UpThereAndHereAsWell: Yes, definitely everyone is subject to suffering, but some people can’t cope and need help. I’m sure you both mean no harm but this thread sounds a bit like ‘Just get on with things- everyone is suffering’. I know it’s really tricky to be inclusive and also to encourage people to feel like they can put their hands up and ask for extra help if they are extra-not coping. I guess that’s the conversation society needs to have. ‘Everyone suffers from mental health problems’ may be a true and honest message, but on its own it’s actually quite dangerous.

    1
    Install the app to use these features.
    Mute Gillian Weir Scully
    Favourite Gillian Weir Scully
    Report
    May 16th 2017, 8:39 AM

    @Thomas John Whyte: hi Thomas. I suppose what I was trying to say was that I was wondering if that the percent of mental health issues was so high that someone with issues is normal. The person with no issues is unusual or abnormal?

    1
    Install the app to use these features.
    Mute Gillian Weir Scully
    Favourite Gillian Weir Scully
    Report
    May 16th 2017, 8:46 AM

    @Thomas John Whyte: ok now I understand what you are saying I think. Someone with issues will generally feel alone, isolated and unable to cope which is a very dark and sad place to be. Perhaps feeling that %95 of people feel like that also at one time or another would help them to seek help.

    1
    Install the app to use these features.
    Mute Catherine Sims
    Favourite Catherine Sims
    Report
    May 15th 2017, 11:46 AM

    Did anyone ask them why they wouldn’t work with someone with a mental health issue ?
    Is it they are afraid the person won’t hold their own on the job and others will have to pick up the slack ? Is it because they think people with mental health issues are all potientially murderers ? Is it that they feel they would be expected to help the person but would feel out of their depth ?

    What were the reason? We need to know why and not assume. If we know why we may be able to address any concerns.

    56
    Install the app to use these features.
    Mute Stiofán Ó Cléirigh
    Favourite Stiofán Ó Cléirigh
    Report
    May 15th 2017, 11:27 AM

    This saddens me

    47
    Install the app to use these features.
    Mute Angela Gaughran
    Favourite Angela Gaughran
    Report
    May 15th 2017, 11:06 AM

    I hope it stays fine for them.

    35
    Install the app to use these features.
    Mute DaisyChainsaw
    Favourite DaisyChainsaw
    Report
    May 15th 2017, 12:03 PM

    Chances are they already are. By the way lads, mental illness isn’t like the flu, you can’t catch it from someone.

    37
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 8:58 PM

    @DaisyChainsaw: Well said!

    4
    Install the app to use these features.
    Mute Catherine Sims
    Favourite Catherine Sims
    Report
    May 15th 2017, 12:15 PM

    To be honest I think it’s very hard on the people who are expected to listen. It must be scary as hell to hear someone say they feel so down they think about ending it. Or to deal with someone completely in distress from anxiety. Even if they are successful chances are those individuals are never ” cured” and family and friends will be dealing with this on and off for a long time. It could be just too much for them. I don’t blame them. It’s draining and soul destroying for everyone involved. Supporting someone with mental health issues is not easy. You can’t prop a pillow or make them soup and make things better like it’s a cold or a flu. The feeling of helplessness or even somehow saying the wrong thing and making it worse are ever present. Journal get a family members perspective please . Let people see that it’s not just lack of awareness it’s a responsibly that some people feel ill equipped to deal with.

    30
    Install the app to use these features.
    Mute Kerry Blake
    Favourite Kerry Blake
    Report
    May 15th 2017, 7:34 PM

    @Catherine Sims: I’m intrigued with your claim about those “expected to listen” We are talking about a work environment here not counselling (who as far as I know do listen). Why would you think if you work alongside someone suffering from mental health issues you would be expected to listen?

    8
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 8:50 PM

    @Kerry Blake: Hi Kerry, do you not feel it is the responsibility of all of us, friends, colleagues, family, to be open to listen to those whose lives intercept with ours?

    5
    Install the app to use these features.
    Mute John Fenton
    Favourite John Fenton
    Report
    May 15th 2017, 12:15 PM

    One hundred percent of people in Dublin work with someone with a mental health difficulty already, therefore one hundred percent of Dublin people have a mental health difficulty themselves.

    24
    Install the app to use these features.
    Mute Sorcha Hendry
    Favourite Sorcha Hendry
    Report
    May 15th 2017, 10:56 AM

    So many of the population have difficulty with some form of mental health problem. And instead of other people being scared that something will happen to them. Just listen thats all anyone wants.

    21
    Install the app to use these features.
    Mute Ray Farrell
    Favourite Ray Farrell
    Report
    May 15th 2017, 1:46 PM

    @Thomas Maher: Well said, my thought exactly, seen as how 1 in 3 of us will experience Mental Health difficulties in our lives at some point people are indeed already working with others that they don’t even know about.
    People’s ignorance is indeed a major problem.

    13
    Install the app to use these features.
    Mute Caroline Lennon-Nally
    Favourite Caroline Lennon-Nally
    Report
    May 15th 2017, 1:46 PM

    If someone has an issue in working with someone with poor mental health, it’s highly advisable for those individuals to seek help and support as a matter of urgency, to enable them to get over their issues.

    12
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 4:06 PM

    @Catherine Sims: I have family members and close friends who live with mental health problems (as indeed do we all, whether we are aware of it or not). My best friend lives with bipolar disorder and suicidal thinking. It is not enough to say it’s too hard on us “well ones”. The onus is on us to get some awareness and learn how to be a supportive and caring friend, colleague, family member, citizen. Check out Mental Health First Aid courses in your area. Our own book was written specifically to help friends: “High Tide, Low Tide: The Caring Friend’s Guide to Bipolar Disorder.”

    10
    Install the app to use these features.
    Mute Harold Maio
    Favourite Harold Maio
    Report
    May 15th 2017, 8:14 PM

    —-Almost half of people in Dublin wouldn’t work with someone with a mental health difficulty???

    Nearly half the people in Dublin already do! Most people dealing with a mental illness are fully employed. We are a broad and diverse demographic, earing to the millions, holding every university degree, and every professional, white, and blue collar job.

    Surely you know that.

    9
    Install the app to use these features.
    Mute James Bishop
    Favourite James Bishop
    Report
    May 15th 2017, 6:56 PM

    It would be career suicide to mention psychiatric illness to potential employers.

    I read once on boards about a woman who did a very good interview but was rejected because she did a medical and disclosed her anxiety/depression.

    9
    Install the app to use these features.
    Mute John Murphy
    Favourite John Murphy
    Report
    May 15th 2017, 6:55 PM

    Despite all the publicity around this topic, I dont think its a great idea to be open about my own problems at work given these statistics. Its certainly not a good idea if you wish to progress your career.

    7
    Install the app to use these features.
    Mute Kerry Blake
    Favourite Kerry Blake
    Report
    May 15th 2017, 7:36 PM

    @John Murphy: And not after reading a fair few of the comments here John……

    4
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 9:33 PM

    @John Murphy: Sadly, yes.

    2
    Install the app to use these features.
    Mute Sean Doyle
    Favourite Sean Doyle
    Report
    May 15th 2017, 6:12 PM

    I strongly object to this survey headlines singling out Dubliners , I’ve known fellow Dubliners from all parts of Dublin and all walks of life who have and would work with these unfortunate people . I think a few surveys using different companies should have been used in order to get the true picture of this question before painting most Dubliners with the one brush !

    5
    Install the app to use these features.
    Mute Micheal S. O' Ceilleachair
    Favourite Micheal S. O' Ceilleachair
    Report
    May 15th 2017, 10:19 AM

    ….and which half is that?

    5
    Install the app to use these features.
    Mute Gus Sheridan
    Favourite Gus Sheridan
    Report
    May 15th 2017, 12:04 PM

    @Micheal S. O’ Ceilleachair: it could be you…..

    3
    Install the app to use these features.
    Mute Living The Laws
    Favourite Living The Laws
    Report
    May 15th 2017, 3:58 PM

    I can see job adverts in the Herald – neuro-typicals need only apply

    who is the ill one in that scenario?

    terrible poll. terrible questions. ignorant results.

    6
    Install the app to use these features.
    Mute Fiona Fitzgerald
    Favourite Fiona Fitzgerald
    Report
    May 15th 2017, 7:50 PM

    In a minor way, I get this. I have difficulty understanding why a phobia means that someone cannot do A, but I can accept that it’s a real problem, reason it through and ask them if they can do B instead, given that I’m doing all the work that involves A. Is that not better than resenting someone’s efforts and pretending that they could easily do A too if they wanted to? Loads of people can’t do much because they are terrified of their back going again; it doesn’t show, it isn’t currently painful, it limits what they can do but they can still work.

    Sure there’s more to any of us than a list of things we can’t do.

    3
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 8:59 PM

    @Fiona Fitzgerald: So well and compassionately expressed, Fiona.

    1
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 4:18 PM

    I have family members and close friends who live with mental health problems (as indeed do we all, whether we are aware of it or not). My best friend lives with bipolar disorder and suicidal thinking.

    It is not enough to say it’s too hard on us “well ones”. The onus is on us to get some awareness and learn how to be a supportive and caring friend, colleague, family member, citizen.

    Check out Mental Health First Aid courses in your area. Our own book was written specifically to help friends: “High Tide, Low Tide: The Caring Friend’s Guide to Bipolar Disorder.”

    2
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 8:48 PM

    Sorry this comment posted more than once, I had difficulty with my mobile and somehow it posted several times.

    1
    Install the app to use these features.
    Mute Martin Baker
    Favourite Martin Baker
    Report
    May 15th 2017, 4:34 PM

    I have family members and close friends who live with mental health problems (as indeed do we all, whether we are aware of it or not). My best friend lives with bipolar disorder and suicidal thinking. It is not enough to say it’s too hard on us “well ones”. The onus is on us to get some awareness and learn how to be a supportive and caring friend, colleague, family member, citizen. Check out Mental Health First Aid courses in your area. Our own book was written specifically to help friends: “High Tide, Low Tide: The Caring Friend’s Guide to Bipolar Disorder.”

    1
    Install the app to use these features.
    Mute Geraldine Mulcahy
    Favourite Geraldine Mulcahy
    Report
    May 15th 2017, 12:29 PM

    This really pisses me off for once I’m glad mental health can’t be seen.its hard enough to live with without wondering if colleagues knew they would judge you

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel

 
JournalTv
News in 60 seconds