Discrimination based on vaccination already accepted Donnelly tells Dil
The Government has defended its indoor dining legislation against allegations of discrimination, saying the European Union already differentiates between the vaccinated and unvaccinated in international travel.
The Health Amendment No 2 Bill was passed by 74 votes to 68 after a manual vote. Four Government TDs were formally unaccounted for - Fine Gaelâs Michael Ring, John Paul Phelan and Alan Dillon and Fianna Fail TD Marc MacSharry. Willie OâDea was ill and at home. Mr MacSharry said he had told the whip earlier that he would not be present.Independent TD Michael Lowry supported the Government. All other parties and Independents voted against the legislation.
With Government TDs expressing concerns about the lawâs constitutionality and Opposition TDs repeatedly claiming it is discriminatory and unenforceable, Minister for Health Stephen Donnelly said: âThe principle is there.â
He was speaking during a heated debate on the Health Amendment Bill, which restricts access to indoor dining to those who have been fully vaccinated, or recovered from Covid-19, and some children and staff.
âThe entire European Union digital Covid-19 certificate is based on vaccination status,â siad Mr Donnelly, adding: âWeâve already accepted the principle.â
Acknowledging that the plan is âimperfectâ, Tánaiste Leo Varadkar said it was a better âmiddle path â" a safe pathâ between either fully reopening hospitality without restrictions or keeping it closed until there is herd immunity.
Similar approachHe said the State was taking a similar approach to the one that has been employed for some time by Denmark as well as Germany and which France, Portugal and Greece are also going to implement.
Mr Varadkar added: âIf things go well we may not have to use this system for very long. And in the meantime, we might be able to use it to reopen other sectors currently closed, like live music, for example, the arts, leisure and entertainment facilities.â
He said the Bill also facilitates PCR and antigen testing although it would take time to establish.
The Bill also includes measures to ease the mandatory hotel quarantine regime and create âflexibilityâ by allowing alternative testing processes for passengers arriving without a test. It removes the obligation on some or all travellers to have a pre-travel test and allows those who have recovered from Covid-19 to be released from quarantine.
Sinn Féin health spokesman David Cullinane said the Government had weeks to prepare for this but had come back with a plan that is âunfair, impractical, unworkable and is discriminatoryâ.
Labour leader Alan Kelly claimed it was âan Irish solution to an Irish problemâ and would operate on a ânod, nod, wink, winkâ basis. He said antigen testing could have been used rather than this âprofoundly discriminatoryâ legislation.
Social Democrats joint leader RóisÃn Shortall said: âYouâre asking us to buy a pig in a poke saying: âTrust us and leave all the details to us.ââ
Ms Shortall warned that the Government was breaching âfundamental principlesâ including through the passing of personal data to random people.
People Before Profit TD Paul Murphy appealed to the Government to âhold off on the reopening of indoor hospitality. Weâre almost there â" six, seven eight weeks until a very high level of vaccination.â
Aontú TD Peadar TóibÃn said the party would be âsending a letter to President Michael D Higgins requesting that this Bill be referred to the Supreme Courtâ.
Mr TóibÃn said other countries had included some form of testing and not vaccine alone because âwithout doing that it is blatantly discriminatoryâ and that applied to travel across the EU as well.
A number of Government backbenchers also expressed concern about the constitutionality of the Bill.
Constitutional issuesFormer Fine Gael minister Michael Creed said the Taoiseach himself had indicated that there were constitutional and civil-liberty issues and âIâd like to be reassured weâre not being asked to trespass in an area where the courts may ultimately find against the legislationâ.
Fine Gael TD John Paul Phelan said âthe argument probably is constitutional but I have grave reservationsâ as he asked the Minister to indicate âwhen he believes that the testing alternative to the vaccine passport will be availableâ.
Mr Donnelly said the Bill provided for both PCR and antigen testing.
He told TDs that the legislation âcan and will be enforcedâ but âprimarily, it is about trusting people to do the right thingâ.
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