Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020

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Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020
Irish butcher implementing ad hoc social distancing measures
Oireachtas
  • An Act, to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of COVID-19 and in order to mitigate, where practicable, the effect of the spread of COVID-19, to amend the Health Act 1947 to confer a power on the Minister for Health to make regulations prohibiting or restricting the holding of certain events or access to certain premises and to provide for enforcement measures; to provide for powers for certain medical officers of health to order, in certain circumstances, the detention of persons who are suspected to be potential sources of infection with COVID-19 and to provide for enforcement measures in that regard; and to confer on the Minister for Health the power to designate areas as areas of infection of COVID-19 and to provide for related matters; to amend and extend the Social Welfare Acts to provide for amendments in relation to entitlement to illness benefit for persons who have been diagnosed with, or are a probable source of infection with COVID-19; and to provide for amendments in relation to jobseeker's benefit and jobseeker's allowance to mitigate the economic effects of the spread of COVID-19; and to provide for related matters.
CitationAct No. 1 of 2020
Territorial extentIreland
Passed byDáil Éireann
Passed19 March 2020
Passed bySeanad Éireann
Passed20 March 2020
Signed byPresident Michael D. Higgins
Signed20 March 2020
Commenced20 March 2020
Date of expiry31 March 2022
Legislative history
First chamber: Dáil Éireann
Bill titleHealth (Preservation and Protection and other Emergency Measures in the Public Interest) Bill 2020
Bill citationBill No. 3 of 2020
Introduced byMinister for Health Simon Harris
Introduced16 March 2020
Amends
Health Act 1947; Social Welfare Consolidation Act 2005
Summary
Gives the state the power to detain people, restrict travel and keep people in their homes in order to restrict the pandemic
Status: Expired

The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (Act No. 1 of 2020; previously the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Bill 2020, Bill No. 3 of 2020) was an Act of the Oireachtas (Irish parliament) which provided for additional powers for the state in the extraordinary circumstances of the spread of the COVID-19 pandemic.

Owing to social distancing measures required to combat the virus, and at the written request of Ceann Comhairle Seán Ó Fearghaíl, the Dáil sitting to discuss the legislation on 19 March was limited to 48 TDs (11 each representing Fianna Fáil, Fine Gael and Sinn Féin, four Greens, three members of the Regional Group and two members of all other parties and groups). The legislation passed all stages, and, following requests by opposition TDs, included a sunset provision for review in November.[1] On 20 March, Seanad Éireann – also sitting in reduced numbers – passed the legislation after a three-hour debate.[2] President Michael D. Higgins signed the legislation into law later that day, giving the state the power to detain people, restrict travel and keep people in their homes in order to restrict the pandemic.[3]

This preceded the passing of the Emergency Measures in the Public Interest (COVID-19) Act 2020 by one week.[4]

On 7 April, Minister for Health Simon Harris signed regulations under provisions inserted in the Act, to restrict movement of persons and the holding of events, effective 8 April to 12 April.[5] This move, which Harris confirmed on Prime Time, gave gardaí extra powers to coincide with the Easter period.[6] Harris signed the regulations after meeting Garda Commissioner Drew Harris and Attorney General Séamus Woulfe, with the delay attributed to governmental lawyer indecision over precise wording and exact nature of the powers.[7]

The regulations that were in force included the Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020,[8] which were repeatedly extended.[9]

The Act expired at midnight on 31 March 2022.[10][11]

See also

References

Sources

Citations

  1. ^ Ryan, Órla (19 March 2020). "Emergency Covid-19 legislation passes all stages in the Dáil". TheJournal.ie. Retrieved 22 March 2020.
  2. ^ Moore, Aoife (20 March 2020). "Seanad pass 'draconian' emergency Covid-19 legislation despite 'serious concerns'". Irish Examiner. Retrieved 22 March 2020.
  3. ^ Kenny, Aisling (20 March 2020). "President Higgins signs emergency measures into law". RTÉ News and Current Affairs. Retrieved 20 March 2020.
  4. ^ Walshe, Patrick (30 March 2020). "Emergency Measures in the Public Interest (COVID-19) Act 2020: A Briefing Note". www.philiplee.ie. Retrieved 25 April 2020.
  5. ^ Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) Regulations 2020 (S.I. No. 121 of 2020). Signed on 7 April 2020. Statutory Instrument of the Government of Ireland. Retrieved from Irish Statute Book on 19 April 2020.
  6. ^ Reynolds, Paul (8 April 2020). "Covid-19: Harris signs regulations for extra garda powers". RTÉ News and Current Affairs. Retrieved 24 April 2020.
  7. ^ Cullen, Paul; Gallagher, Conor (7 April 2020). "Coronavirus: Minister signs regulations giving gardaí powers to enforce lockdown". The Irish Times. Retrieved 24 April 2020.
  8. ^ Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (S.I. No. 701 of 2020). Signed on 30 December 2020. Statutory Instrument of the Government of Ireland. Retrieved from Irish Statute Book on 9 March 2021.
  9. ^ Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 10) (Amendment) (No. 3) Regulations 2021 (S.I. No. 95 of 2021). Signed on 5 March 2021. Statutory Instrument of the Government of Ireland. Retrieved from Irish Statute Book on 9 March 2021.
  10. ^ Griffin, Caitlín (1 April 2022). "Covid-19 emergency powers lapse: Here's what you need to know". Irish Examiner. Retrieved 1 April 2022.
  11. ^ "12,508 new infections, Covid legislation to expire tomorrow". RTÉ News and Current Affairs. 30 March 2022. Retrieved 30 March 2022.


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