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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.
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”.
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
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I wonder why….nobody was allowed to have any other medical problem but Covid, I work in a hospital and they were nowhere near full capacity, none of them, public or private, and what on earth was the thinking behind stopping screening, bizarre.
@Jun Stone: A scandal of epic proportions.
@Jun Stone: the state of the health service in this country. We really need to get on top of this. It should our number 1 priority as a nation
@Jun Stone: two of my friends both had minor surgery recently without any problems. One was two weeks ago and the other was a month ago. They were ongoing issues causing discomfort but needed to be done. In the past they had been cancelled, as in last year, I must say I was shocked to hear they got them done while all I see are articles like this during covid. Are they just not, or were they just not preforming more serious surgeries /appointments etc?
@Jun Stone: If you work in a hospital then you should be more than aware that patients were admitted, patients were examined, fully investigated, scanned with CT and MRI, reviewed by multiple teams, received chemo/radiotherapy and operated on during lockdown. You may not have worked 24+ hour shifts during lockdown but I and my colleagues did.
@Philip Kavanagh: and many more (including myself) had follow up cancer scans cancelled. I had two appointments in two separate Dublin hospitals cancelled during the lockdown. One has been rescheduled so far
@Jun Stone: couldn’t agree more. Frankly, having looked at the IFR as things become more clear through proper testing, covid-19 seems to be not as infectious as we initially feared. Even the CDC in the US have released similar findings. I was actually in A&E in April in Castlebar and found that I was brought into the covid-19 triage setting despite having not had covid symptoms – I had chest pain suspected to be linked to heart issues which thankfully was found to be a bacterial infection. I also saw old people brought into the same ward even though they hadn’t been confirmed to have covid-19. So my opinion is if that practise is common to other hospitals then many cases were likely transmitted in the hospital. My great aunt has now fallen ill with a stroke as her routine check ups since her stent placement have ceased. My grandmother who has heart problems has also had her quarterly check ups cancelled indefinitely. All in all, in my circles I have seen lockdown cause more damage than covid-19. My mother had covid-19 in March and was sick with a bad chest infection for about 3 weeks but recovered with steroids. In fact, that’s what most people I know who’ve had say they have had. About 5 years ago I was out of work for 2 weeks and totally bed ridden with viral bronchitis, so I’m not really sure what to believe. I agree we should take measures but I’m not so sure lockdown is in the best interest of total public health in all its facets. I know people have used Sweden as an example but the deaths per million are more or less the same as Denmark. Anyway, let’s look after the vulnerable, and not forget that people with other diseases which need attention are also vulnerable!
@Anna: I’m not and cannot comment on individual cases. @Jun Stone claims that non-Covid patients were ignored or sacrificed on the altar of Coronavirus. I am saying from first hand experience that her comment is a lie designed only for click-bait. I would be very interested to know what hospital she works in and what her exact role entails. Her comment also implies that the hospitals (and therefore their staff) were doing half-nothing during the lockdown. Again so far off the mark, she clearly doesn’t know what she’s commenting on.
@Philip Kavanagh: and many had their vital routine follow ups cancelled . Two in my house included. Do not minimise that because it’s very serious . Simple but vital echocardiograms are cancelled , stress tests cancelled , all bowel cancer follow ups & screenings are cancelled. Breast check cancelled , need I continue ? Chemotherapy is not cancelled thankfully or aa&E but that’s about it in public hospitals .
@Laurel Didn’t: Did you treat Covid patients? Did you make the decision to put them on Airvo or bipap or just intubate them? Did you prone them? Did you send them for CTPA because you had a gut feeling that they had lung clots? Have you spent the last month calling patients who were admitted with Covid (and were lucky to survive) to hear how they are still short of breath, suffer from fatigue, have not gotten their sense of smell back, etc., etc.)? I lived in Sweden, I speak Swedish and I worked in a Swedish hospital. Sweden has had 523.71 deaths per million. Denmark has 103.36 deaths per million. You’re either not good with statistics or you’re just lying.
@Isabel Oliveira: I’m not minimising anything. And I certainly will not be accused of taking missed scans and screening as not being serious. I meet and treat patients everyday. Also believe it or not, frontline workers have health issues and families too. The delays in screening and treatments affect them also. What I said is that the health service did not simply grind to a halt for months. Patients were investigated and treated, and the best was done in an extraordinary situation.
@Sam Glynn: that was the plan, everyone public patient and no electives to be carried out? There may have been some underlying concerns re your friends procedures even though they may appear to have been minor?
@Philip Kavanagh: of course they were! nobody’s implying that nothing happened in hospitals during Covid but where I work and the affiliated public hospital were not operating to capacity and my husband also works in a private hospital, different one to me, and it was also not operating to capacity, maybe different where you work.
@Philip Kavanagh: do not twist what I said I work in a private hospital for a consultant, running clinics and booking procedures and theatre for same…no clinics were run during the Covid pandemic period and only cancer ops were done. The hospital was not full. No routine screening was done . Hope that answers your question. I’m early 60’s and not bothered about ‘clicks’!!!!
@Isabel Oliveira: you know me, I don’t lie…hope your well.
@Jun Stone: So you do admin in a private hospital….You don’t examine, admit, work-up, treat and care for patients. You have no idea what issues patients were presenting with to ED during lockdown. And I am not twisting your words – to quote “nobody was allowed to have any other medical problem but Covid”. Click bait at its most obvious.
@Philip Kavanagh: actually my daughter is a doctor in yet another hospital here in Dublin treating Covid patients. Try not to be so condescending, I may be ‘just admin’ in your opinion but I have first hand knowledge of what actually went on in the hospital I work in as I have been working all through the pandemic.
@Philip Kavanagh: I appreciate your points Philip and I humbly acknowledge that I am not a doctor nor have I treated covid patients. But I did ask the team in Castlebar how busy they were and their response was not full capacity. Where are you getting your info about Sweden? Japan is another example – low deaths. Seasonal influenza causes up to 650,000 deaths per year according to the WHO. Currently we have 560k from covid-19 and given how deaths have been terribly reported perhaps it’s less in reality. Philip we’re not denying that it’s a nasty bug to catch, but given the perspective the aforementioned figures grant, I’m not pro lockdown at all. Re Sweden, I’m comparing Scania with Hovedstaden and Sjealand. Most comparable in terms of locality, demographics etc.
In the VHI or Laya … no problem … you can jump the queue …
If you can pay … get seen today.
If you cant pay .. join the long delay!
Yet EVERY taxpayer pays for the public health service to the tune of €19 Billion a year .It is 11% of GDP .. whereas other countries spend far less at avg of 9% of GDP
What a despicable 2-Tier society is Ireland!
Sign the Petition and demand that this abomination be fixed and fast.
Counting trolleys is a laugh … put a few production engineers in charge of that place and get proper metrics and processes in place … 4 procedues per day v 8 in private hospitals v 16 in other EU countries ….
@Neuville-Kepler62F: Signed and shared.
@Neuville-Kepler62F: It’s not going to happen, the various imbedded unions will stand in the way of any meaningfull progress, it would probably be cheaper if the government paid for all our private health care at this stage. No government over the past 30 years has ever been able to tackle the problems in our health service.
@Alan: but they all said they would.
@Neuville-Kepler62F: Very good comment te how inefficient public hospitals are compared to private ones. We are spending an absolute fortune on healthcare as a country and not getting good value at all. Our doctors and nurses are wonderful. The organisation is a shambles.
@Alan: .. interesting idea. outsource all current public health to private management. Dont limit to Ireland.. look at outsource to other EU countries. Nothing should be discounted at this stage to sort out the sorry mess. – Belfast Bus!
Where is MM now and O Brien his lackey
That figure was already in the hundreds of thousands long before we’d ever even heard of Covid-19. Trying to blame appalling waiting lists on this pandemic is a bit rich, and ignores almost twenty years of similar numbers.
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