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Seanad Éireann SEANAD ÉIREANN AN BILLE SLÁINTE (LEASÚ), 2021 HEALTH (AMENDMENT) BILL 2021 LEASUITHE COISTE COMMITTEE AMENDMENTS [No. 23a of 2021] [1 March, 2021] SEANAD ÉIREANN AN BILLE SLÁINTE (LEASÚ), 2021 —AN COISTE HEALTH (AMENDMENT) BILL 2021 —COMMITTEE STAGE Leasuithe Amendments *Government amendments are denoted by an asterisk SECTION 2 1. In page 5, to delete line 2 and substitute the following: “ ‘designated state’— (a) on the coming into operation of this Act, means any country, territory, region or other place outside the State other than Northern Ireland, (b) if at any time after passing a resolution under section 9(5) of the Health (Amendment) Act 2021 both Houses of the Oireachtas so resolve, has the meaning assigned to it by section 38E(1);”. —Senators Ivana Bacik, Annie Hoey, Rebecca Moynihan, Marie Sherlock, Mark Wall. SECTION 3 2. In page 5, line 18, to delete “€4,000” and substitute “€2,000”. —Senators Alice-Mary Higgins, Eileen Flynn. 3. In page 5, line 21, to delete “€4,500” and substitute “€2,500”. —Senators Alice-Mary Higgins, Eileen Flynn. 4. In page 5, line 24, to delete “€5,000” and substitute “€3,000”. —Senators Alice-Mary Higgins, Eileen Flynn. 5. In page 5, between lines 26 and 27, to insert the following: “(c) by the insertion of the following subsection after subsection (15): “(15A) The Minister may make regulations in respect of the charges referenced in this section, including, but not limited to, regulations in respect of— (a) appropriate ranges of charges, (b) procedures in respect of inability to pay, and (c) any mechanisms or procedures the Minister identifies as [No. 23a of 2021] [1 March, 2021] [SECTION 3] appropriate in respect of the waiving or subsidisation of such charges.”.”. —Senators Alice-Mary Higgins, Eileen Flynn. SECTION 7 6. In page 8, between lines 35 and 36, to insert the following: “(d) in the case of paragraph (b)(ii), all reasonable efforts shall be made by the Minister for Health and Minister for Transport for passenger arrival data to be shared in real-time between authorities on both sides of the border, to ensure State authorities are aware of the persons required to present themselves at a designated facility.”. —Senators Niall Ó Donnghaile, Fintan Warfield, Paul Gavan, Lynn Boylan. 7. In page 9, between lines 6 and 7, to insert the following: “(6A) Where an applicable traveller enters the State for the purposes of seeking asylum, they shall not be required to present themselves for processing of application prior to completing a period of mandatory quarantine and shall not be required to pay for their period within a designated facility.”. —Senators Alice-Mary Higgins, Eileen Flynn. 8. In page 14, lines 32 and 33, to delete all words from “An applicable” in line 32 down to and including “subsection (2),” in line 33 and substitute “All international arrivals, apart from exempted travellers, shall”. —Senators Niall Ó Donnghaile, Fintan Warfield, Paul Gavan, Lynn Boylan. 9. In page 22, to delete lines 23 to 43, and in page 23, to delete lines 1 to 22 and substitute the following: “Designated state 38E. (1) ‘Designated state’ means any member state of the United Nations, Palestine or the Vatican City; but excludes the area of the North of Ireland. (2) In this section, ‘North of Ireland’ means the counties of Antrim, Armagh, Down, Fermanagh, Derry and Tyrone on the island of Ireland.”. —Senators Niall Ó Donnghaile, Fintan Warfield, Paul Gavan, Lynn Boylan. 10. In page 23, between lines 5 and 6, to insert the following: “(4A) When a designation under subsection (1) is made in relation to any non-EU country, the health criteria and considerations on which the Minister bases such a designation shall be equitably applied in respect of all other non-EU countries and territories, with the exception of Northern Ireland.”. —Senators Alice-Mary Higgins, Eileen Flynn. 2 [SECTION 7] 11. In page 23, line 16, after “Covid-19” to insert “, or any variant thereof,”. —Senators Alice-Mary Higgins, Eileen Flynn. 12. In page 24, between lines 4 and 5, to insert the following: “(c) unless— (i) the applicable traveller can demonstrate that they do not have the ability to pay the cost in respect of themselves and any dependent persons, or (ii) has entered the State for the purpose of seeking asylum.”. —Senators Alice-Mary Higgins, Eileen Flynn. 13. In page 24, line 11, after “may” to insert the following: “, after having consulted with the Chief Medical Officer and other Ministers or officials as appropriate,”. —Senators Niall Ó Donnghaile, Fintan Warfield, Paul Gavan, Lynn Boylan. 14. In page 27, line 6, after “paragraphs (a) to (e)” to insert “subject to the agreement of both Houses of the Oireachtas”. —Senators Alice-Mary Higgins, Eileen Flynn. 15. In page 27, between lines 6 and 7, to insert the following: “(1A) No provision set out in subsection (1) shall prevent travellers from seeking judicial review and in any circumstances in which a traveller enters quarantine, they shall be informed of their legal rights and right to judicial review upon entry to the State.”. —Senators Alice-Mary Higgins, Eileen Flynn. 16. In page 27, line 23, after “travellers.” to insert the following: “All facilities shall provide the following facilities and services for applicable travellers: (a) access to IT and communication technology that will allow a person to communicate via internet platforms; (b) access to TV and radio facilities; (c) ability to have choice in meals and for those meals to provide a balanced diet; (d) mechanisms to facilitate prescription and safe delivery of necessary medication; (e) access to psychological supports as necessary; (f) access to legal and advocacy services; and (g) access to Embassy and Consular staff where the person is a 3 [SECTION 7] national or resident of another state.”. —Senators Alice-Mary Higgins, Eileen Flynn. 17. In page 28, line 39, to delete “one or more persons” and substitute “public bodies, state agencies, not-for-profit organisations or other persons”. —Senators Alice-Mary Higgins, Eileen Flynn. 18. In page 29, after line 41, to insert the following: “(v) a requirement that contracts for designated facilities will incorporate a requirement for flexible and timely compliance with any new health regulations, requirements or standards published by the Minister or Health Service Executive,”. —Senators Alice-Mary Higgins, Eileen Flynn. 19. In page 30, between lines 38 and 39, to insert the following: “(9A) The Minister may make regulations in respect of the charges referenced in this section, including, but not limited to, regulations in respect of— (a) appropriate ranges of charges, (b) procedures in respect of inability to pay, and (c) any mechanisms or procedures the Minister identifies as appropriate in respect of the waiving or subsidisation of such charges.”. —Senators Alice-Mary Higgins, Eileen Flynn. 20. In page 33, between lines 24 and 25, to insert the following: “(7A) The Minister shall, within one month of the passing of this Act, conduct a data protection impact assessment of measures contained within this section to be laid before both Houses of the Oireachtas not less than two weeks prior to the expiry of the provisions of this Act.”. —Senators Alice-Mary Higgins, Eileen Flynn. 21. In page 35, between lines 9 and 10, to insert the following: “Parliamentary oversight of regulations made under sections 31 to 38 38N. (1) In this section ‘relevant statutory instrument’ means either— (a) regulations made in whole or in part under section 31A, (b) regulations made in whole or in part under sections 38B to 38L, or (c) an order made under section 31B. (2) Every relevant statutory instrument made by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made and— 4 [SECTION 7] (a) where, before the date on which paragraph (b) would have effect, a resolution annulling the instrument is passed by either such House, the instrument shall be annulled accordingly but without prejudice to the validity of anything previously done under it, or (b) if, in respect of each House, a resolution confirming the instruments is not passed by it— (i) on the day it is laid before that House or within the next subsequent 14 days on which that House has sat after the instrument was so laid, or (ii) in any other case, within 21 days after the instrument was made, whichever first occurs, then the instrument shall be deemed to be annulled accordingly but without prejudice to the validity of anything previously done under it. (3) The period of time to which subsection (2)(b) relates in respect of a relevant statutory instrument that has been subsequently amended is the period of time concerned for that instrument and not to any other period of time by reference to the amending instrument. (4) Notwithstanding subsection (3), subsection (2)(b) does not apply to a relevant statutory instrument where, before the date on which subsection (2)(b) would have had effect— (a) the instrument ceases to have effect in accordance with its provisions, (b) the instrument ceases to have effect in accordance with any subsequent amendment duly made to it or has been duly revoked, or (c) the instrument has been annulled by either House in accordance with subsection (2)(a).”. —Senators Niall Ó Donnghaile, Fintan Warfield, Paul Gavan, Lynn Boylan. SECTION 9 22. In page 35, between lines 19 and 20, to insert the following: “Expansion of distance permitted for travel under relevant regulations 9. The Residential Tenancies Act 2020 is amended in section 2 by the substitution of the following subsection for subsection (1): “(1) An emergency period, in relation to the tenancy of a dwelling, shall be a period in respect of which the Minister for Health makes relevant regulations under section 31A of the Health Act 1947 which impose restrictions on travel outside of a radius of 20 kilometres or less from a person’s place of residence, being the dwelling concerned, during a 5 [SECTION 9] period specified in the relevant regulations.”.”.
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