Health (Amendment) (No. 3) Act 2021

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Number 37 of 2021


HEALTH (AMENDMENT) (NO. 3) ACT 2021


CONTENTS

Section

1. Definition

2. Amendment of section 2 of Act of 1947

3. Insertion of sections 38N to 38Z in Act of 1947

4. Amendment of section 42 of Act of 1947

5. Short title, commencement and operation


Acts Referred to

Customs Act 2015 (No. 18)

Data Protection Act 2018 (No. 7)

Diplomatic Relations and Immunities Acts 1967 to 2006

Health Act 1947 (No. 28)

Immigration Act 2004 (No. 1)

International Protection Act 2015 (No. 66)

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Number 37 of 2021


HEALTH (AMENDMENT) (NO. 3) ACT 2021


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 the disease known as Covid-19 and variants of that disease and in order to mitigate, where practicable, the effect of the spread of that disease, to amend the Health Act 1947 to provide for re-introduction on a temporary basis of the mandatory quarantine of persons coming into the State from certain areas from where there is known to be sustained human transmission of Covid-19 or any variant of the virus that causes that disease, or from which there is a high risk of importation of infection or contamination with Covid-19 or any variant of that disease by travel from that area; to provide for the designation of such areas by the Minister; to provide for the mandatory quarantine in certain circumstances of persons coming into the State who fail to comply with certain requirements relating to testing for the disease; to provide for the designation of facilities for such quarantine; to provide for the conveying of persons to those facilities; to provide for the making of service agreements to facilitate such quarantine; to provide for alternatives to such quarantine for persons coming into the State where such persons indicate an intention to apply for international protection or where such persons are children who are not accompanied by an adult; and to provide for related matters.

[9th December, 2021]

WHEREAS the disease known as Covid-19, and the emergence of variants of the disease, including variant of concern B.1.1.529, or Omicron, with evidence of potential for increased transmissibility and potential to evade immune response including in vaccinated persons, and the spread of those variants, presents a very serious risk to public health and it is important that persons testing positive or who are asymptomatic for the disease including, in particular, variants of the disease, are detected given that the transmission of the disease has proven difficult to prevent;

WHEREAS, notwithstanding that a programme of vaccinations for active immunisation to prevent the transmission of the disease has now been administered to a significant part of the population of the State, and the augmenting of that programme through the administration of additional vaccinations to certain categories of fully vaccinated persons, travel into the State by persons from certain areas where variants of the disease exist and the spread of any such variants may pose a threat to the effectiveness of some vaccines already, or to be, administered as part of the programme of vaccination in the State, giving rise to an ongoing risk that the health system in the State may come under significant and sustained pressure;

WHEREAS the crisis occasioned by the spread of that disease is causing and will continue to cause significant damage to the economy of the State resulting, thus far, in a substantial increase in the number of persons who have become unemployed and a substantial increase in the national debt;

WHEREAS notwithstanding that the administration of vaccinations to a significant part of the population has resulted in the easing of many of the measures and safeguards which were for the time being in force for the purposes of preventing, minimising, limiting or reducing further transmission of that disease, there is, with the emergence and spread of the variant B.1.1.529, or Omicron, a need for the re-introduction of some restrictive measures with regard to travel by persons into the State from certain areas where that variant exists for the purposes of preventing situations and behaviours that may lead to further transmission of the disease;

WHEREAS the European Centre for Disease Control has advised that based on information available, the potential risks associated with the introduction and spread of the variant B.1.1.529, or Omicron, raise serious concerns that it may significantly reduce the effectiveness of vaccines and increase the risk of reinfections;

AND WHEREAS travel into the State by persons from certain areas with high incidence levels of the disease or variants of the disease or, in certain circumstances, by persons without taking the appropriate test for the disease is a significant concern, and measures adopted to date, including self-quarantining with its practical challenges in monitoring and enforcement, for the purposes of addressing that concern require to be supplemented by further measures in respect of those persons for compelling reasons of public interest and for the common good to safeguard the public, the health system and the vaccination programme;

Be it enacted by the Oireachtas as follows: