DÁIL ÉIREANN

AN BILLE SLÁINTE (LEASÚ) (UIMH. 2), 2021 HEALTH (AMENDMENT) (NO. 2) BILL 2021 LEASUITHE COISTE COMMITTEE AMENDMENTS

[No. 100 of 2021] [14 July, 2021]

DÁIL ÉIREANN

AN BILLE SLÁINTE (LEASÚ) (UIMH. 2), 2021 —AN COISTE

HEALTH (AMENDMENT) (NO. 2) BILL 2021 —COMMITTEE STAGE

Leasuithe Amendments

SECTION 1 1. In page 5, line 9, to delete “the later of” and substitute “9 October 2021”. —, Mick Barry, , Paul Murphy, Bríd Smith. 2. In page 5, to delete lines 10 to 17. —Richard Boyd Barrett, Mick Barry, Gino Kenny, Paul Murphy, Bríd Smith. 3. In page 5, between lines 17 and 18, to insert the following: “(6) Prior to the commencement of this Act, the Minister— (a) shall publish guidelines for the hospitality industry in respect of ventilation based on the reports of the Expert Group on the Role of Ventilation in Reducing Transmission of Covid-19, and (b) shall request the Health and Safety Authority to update its workplace safety guidelines in respect of staff working in hospitality, and request that the authority circulate these to all employers in the sector.”. —Róisín Shortall. SECTION 2 4. In page 5, between lines 19 and 20, to insert the following: “ “permitted person” means a person who has a relevant test result who exhibits no symptoms of SARS-CoV-2 and has not been identified as a close contact in the intervening period, or as otherwise may be prescribed in regulations; “relevant test result”, in relation to a person, means any record or evidence, in written or other electronic form, confirming that— (a) the person has been subject to— (i) a reverse transcription polymerase chain reaction (RT-PCR) test, the purpose of which is to detect the presence of Covid-19, or the virus SARS-CoV-2, in the person, or

[No. 100 of 2021] [14 July, 2021] [SECTION 2]

(ii) an antigen test, the purpose of which is to detect the presence of Covid-19, or the virus SARS-CoV-2, in the person, (b) such test was administered to the person no more than 72 hours beforehand, and (c) Covid-19, or the virus SARS-CoV-2, was not detected in the person at the time of taking the test.”. —. SECTION 3 5. In page 6, between lines 21 and 22, to insert the following: “(da) that without prejudice to paragraph (d), the indoor operator adheres to the guidelines published by the Health and Safety Authority and such other guidelines as may be prescribed by the Minister under subsection (4), with respect to ensuring, so far as is reasonably practicable, the safety, health and welfare at work of persons employed in those premises and safeguarding them against the risk of infection from Covid-19;”. —. 6. In page 6, to delete lines 24 to 27 and substitute the following: “(4) The Minister may make regulations giving effect to this legislation, subject to the approval and public briefing of the Dáil and Seanad, and such regulations may provide for all or any of the following:”. —Peadar Tóibín. 7. In page 7, line 2, after “administered” to insert the following: “(and the Minister shall make regulations to give effect to this paragraph as soon as it is reasonably considered safe from a public health perspective so to do)”. —Alan Kelly. 8. In page 7, between lines 3 and 3, to insert the following: “(ca) prescribing— (i) standards of ventilation required to be put in place by persons in charge of relevant indoor premises, including by reference to the class of premises, and (ii) in relation to premises regarding which the ventilation is of a specified standard, that all or additional classes of persons are permitted persons for the purposes of the definition of ‘permitted person’;”. —Alan Kelly.

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9. In page 8, between lines 26 and 27, to insert the following: “(d) shall notify and lay before each House of the a copy of the regulations not less than 48 hours before they come into effect.”. —Róisín Shortall. 10. In page 8, to delete lines 27 to 38. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, , Michael Collins, Richard O'Donoghue. 11. In page 9, to delete lines 1 to 12. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 12. In page 9, to delete lines 13 to 42, and in page 10, to delete lines 1 to 6. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 13. In page 10, to delete lines 7 to 41, and in page 11, to delete lines 1 to 24. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 14. In page 11, to delete lines 25 to 40, and in page 12, to delete lines 1 to 10. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 15. In page 12, to delete lines 11 to 40, and in page 13, to delete lines 1 to 32. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 16. In page 13, to delete lines 33 to 43, and in page 14, to delete lines 1 to 5. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 17. In page 14, to delete lines 6 to 19. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 18. In page 14, to delete lines 20 to 33. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 19. In page 14, to delete lines 34 to 42, and in page 15, to delete lines 1 to 9. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue.

3 [SECTION 3]

Section opposed. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. SECTION 4 20. In page 16, to delete lines 5 and 6 and substitute the following: “(a) a person in possession of— (i) a proof of immunity relating to that person, or (ii) any form of written information or proof verifying, in such manner as may be prescribed, in relation to the person to whom the document is issued, that the person has tested negative in a prescribed lateral flow antigen test or loop-mediated isothermal amplification test administered in such manner and within such period before the person seeks entry into the premises as the Minister prescribes,”. —Alan Kelly. 21. In page 16, between lines 23 and 24, to insert the following: “(e) a person who is confirmed by a certified, medical practitioner to be allergic to either components or the entirety of EMA certified vaccines, and produces evidence of that allergy, (f) a person who has been advised by a certified, medical practitioner that the consequences of taking the vaccine at the current time exceeds the benefits of taking the vaccine, and can produce evidence of that advice, (g) a person who can produce a negative rapid antigen test in accordance with the requirements of any regulations, carried out within 24 hours preceding requested admission to relevant indoor premises, (h) a person who can produce a negative RT-PCR test in accordance with the requirements of any regulations, carried out within three days preceding requested admission to relevant indoor premises;”. —Peadar Tóibín. 22. In page 16, between lines 23 and 24, to insert the following: “(e) or a person who receives a negative result from a rapid antigen test taken on arrival at the premises under supervision of staff. The tests shall be supplied by the business and the costs could then be transferred on to patrons;”. —Michael Fitzmaurice. 23. In page 17, to delete lines 31 to 40, and in page 18, to delete lines 1 to 4. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins,

4 [SECTION 4]

Richard O'Donoghue. 24. In page 18, to delete lines 5 to 14. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 25. In page 18, to delete lines 15 to 44, and in page 19, to delete lines 1 and 2. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. SECTION 5 26. In page 19, between lines 7 and 8, to insert the following:

“Amendment of Act of 1947 5. The Act of 1947 is amended by the insertion of the following section after section 31D: “Parliamentary oversight of regulations under section 31A to 31AL and orders under section 31B 31E. (1) In this section ‘relevant statutory instrument’ means either— (a) regulations made in whole or in part under sections 31A to 31AL, or (b) 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— (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.

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(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).”.”. —David Cullinane. 27. In page 19, between lines 7 and 8, to insert the following:

“Report of Minister 5. The Minister shall, by 9 September 2021, lay a report before both Houses of the Oireachtas reviewing the operation and impact of— (a) the provisions of: (i) the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020; (ii) the Emergency Measures in the Public Interest (Covid-19) Act 2020; (iii) the Health (Amendment) Act 2020; (iv) the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020; and (v) this Act, (b) statutory instruments commenced by the Minister under powers conferred unto him by the Acts referred to in paragraph (a), (c) the performance of functions under the Acts referred to in paragraph (a) and statutory instruments referred to in paragraph (b) in respect of human rights law including, but not limited to, the Public Duty on Equality and Human Rights, and (d) making recommendations in respect of potential changes or improvements to the Acts referred to and the statutory instruments commenced under the Acts referred to in paragraph (a) and the performance and functions of the same.”. —David Cullinane. NEW SECTION 28. In page 21, after line 37, to insert the following:

“Amendment of Safety, Health and Welfare at Work Act 2005 8. Part 3 (Protective and Preventive Measures) of the Safety, Health and Welfare at Work

6 [NEW SECTION]

Act 2005 is amended by the insertion of the following section after section 22: “Proactive health notification and surveillance 22A. Every employer and/or workplace, having regard to the immediate, exceptional, and manifest risk posed to human life and public health by the spread of Covid-19, shall treat Covid-19 as an occupational illness and report any occurrences of Covid-19 amongst worker(s) in the workplace to the Health and Safety Authority.”.”. —David Cullinane.

PREAMBLE 29. In page 4, between lines 30 and 31, to insert the following: “AND WHEREAS the easing of such measures must also be accompanied by the imposition of conditions aimed to ensure, so far as is reasonably practicable, the safety, health and welfare at work of persons employed in those premises;”. —Alan Kelly. TITLE 30. In page 3, to delete lines 11 to 15. —Mattie McGrath, Michael Healy-Rae, Danny Healy-Rae, Carol Nolan, Michael Collins, Richard O'Donoghue. 31. In page 3, line 11, after “conditions” to insert the following: “(including in particular conditions to ensure, so far as is reasonably practicable, the safety, health and welfare at work of persons employed in those premises)”. —Alan Kelly.

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