'Draconian' Covid-19 Garda powers will not extend beyond February, says Stephen Donnelly

The bill, which would extend powers until November 9, would contain a provision to allow just one three-month extension

The health minister made clear that a previous provision to allow the Covid-19 powers to be extended for an indefinite number of times has been set aside. Picture: Eamonn Farrell/RollingNews.ie

Emergency Covid-19 powers given to gardaí and other state authorities will not extend beyond February next year at the latest, Stephen Donnelly has told the Dáil.

The health minister, speaking in the Dáil today, made clear that a previous provision to allow the “draconian powers” to be extended for an indefinite number of times has been set aside.

He said that the bill, which would extend powers until November 9, would now contain a provision to allow just one three-month extension.

He was speaking amid considerable opposition from TDs to the length of the extension, with Sinn Féin and Labour saying the extension is “a step too far, a push too far”.

He said that should any restrictions remain necessary come next February, he would introduce fresh legislation to set out what “targeted” measures he would be recommending.

'Understand concerns'

“I have reflected on this and while I believe that an initial five-month extension is warranted and proportionate, I understand the concerns that have been raised about possible additional extensions after that five-month period. I have decided to seek Government approval to provide for just one further extension of no more than three months,” Mr Donnelly told TDs.

Mr Donnelly said he recognised the extraordinary powers granted to the gardaí, but said they were necessary.

Concerns had been raised in the Seanad on Monday about the extent of the powers being proposed, and Mr Donnelly ultimately accepted Opposition amendments that would put a sunset clause into the laws.

“Some members of the Seanad on Monday referred to these powers as 'draconian', which is not an unfair description. But the powers concerned have provided us with the necessary measures and tools in order to stop the disease from spreading, especially any exponential spread of it, and keep people safe," said Mr Donnelly. 

Ultimately, the powers have provided the means to protect public health and keep people safe from harm.” 

Sinn Féin’s David Cullinane was critical of the lack of time allowed to debate the bill which he said granted the minister extraordinary powers.

Mr Cullinane said the sunset clause was set far too long into the distance and said Sinn Féin would be tabling an amendment seeking to set the end date for July 9.

He said it is appropriate that the minister should come into the Dáil with new legislation after that to justify what measures are still needed.

Independent TD for Tipperary Mattie McGrath said he does not agree with this bill.

It is a Dolly mixture with Liquorice Allsorts. "There is no pre-legislative scrutiny, which is outrageous for such serious legislation," said Mr McGrath. "It is shocking that this could not be brought through a normal process involving the health or justice committees. 

"It is a three-card trick to kid us as well as the people. I have seen enough of this and am opposed to this process. It is shocking that the bill will be taken with no pre-legislative scrutiny or proper debate, having come through the sneaky avenue of the Seanad. It is rotten to the core,” he said.

People Before Profit TD Paul Murphy said young people have been disproportionately targeted by Garda emergency powers, saying 77% of fines were issued to those aged under 35.

'Nanny state'

Independent TD for Wexford Verona Murphy, who supported the introduction of the emergency powers, was scathing in her criticism as to how they were used, saying the “nanny state is looking to wrap us all in cotton wool”.

She said there have been too many examples of these restrictions being unnecessarily draconian and going beyond what she would consider to be reasonable.

“The minister for health said that priests wouldn’t be punished for saying Mass, only for that very thing to happen just a few weeks later,” she said.

“Was this a proportionate response? Was it really necessary to use these powers to stop people visiting family, or to stop people from meeting each other for a chat? 

"We endured the longest lockdown in Europe, with contradictory and nonsensical rules being implemented. Adults have been treated like children,” she said.

She said people who were skeptical about the lockdown approach were cast aside and ridiculed, while the professional curtain twitchers and scaremongers were given a soapbox at almost every possible opportunity.

Former Minister Richard Bruton expressed some misgivings about the renewal of all the pandemic emergency powers given that the conditions have changed. Mr Bruton raised concerns about falling into the “lazy use” of exceptional powers.