Mattie McGrath warns of 'medical apartheid' in emergency bill
Mattie McGrath criticised emergency legislation during a parliamentary debate, arguing it overrides constitutional rights and grants excessive enforcement powers. He described the measures as a 'medical apartheid' and warned they would pit families and businesses against each other.
Main objections
He objected to the speed and process of the bill, saying there was no pre-legislative scrutiny or committee debate and only short speaking times. He noted the provisions would operate until 9 October 2021 and could be extended by up to three months if a resolution is passed.
Constitutional concerns
He invoked constitutional protections - the right to bodily integrity, the right to assemble peacefully and the freedom to practice religion - and argued the bill transits on those guarantees. He said the Constitution is "meant to be sacrosanct" and suggested historical figures would disapprove of the direction taken.
Enforcement powers
He warned the bill grants inspection and enforcement to the Health Service Executive and the Health and Safety Authority, citing about 300 HSE staff and 70 HSA staff for that role. He raised alarm that the minister could appoint other bodies by order - potentially the army or private security firms - and called that power shocking.
Impact on hospitality and culture
He said hospitality businesses have been on their knees, that insurance for business cessation had not delivered, and criticised differential treatment such as cinemas operating without a passport while pubs and musicians face restrictions. He warned the measures would harm pubs, the hospitality trade and performers attempting to return to work.
Legislative process and trust
He accused the minister of a U-turn from opposition, of abusing powers and of losing public trust, and urged withdrawal of the bill or further debate rather than a "smash and grab" for more powers. He said he could not support the rushed process and questioned who was directing the minister to sign the measures.
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Minister, this legislation had been no pre-led scrutiny, no committee debate, no nothing, and we had two minutes each, now we have four times for this to discuss. Such a huge piece of legislation that has overwhelming effects. It completely transits on the Constitution, Minister, and you were one that hurrayed in your opposition about guillotines and everything else. Do you ever look in the manner and see how you've got such a turnaround, or how have I turned myself inside out? Our Constitution is meant to be sacrosanct. Actical 40.31 predicts the right of bodily integrity of all citizens. Actical 40.61 guarantees the right of citizens to assemble peacefully. And indeed, Actical 44.21 guarantees that every citizen the right and the freedom to practice his or her religion. You know, so where, Minister, is the Constitution in all this? I was astounded last Sunday. I was invited, as a member, I'm a member, would you, Chairman of the Comeration Committee, Cahill or Towncola, I was invited to Dublin Castle. I couldn't sit through it. My stomach would turn. And to see senior politicians commemorating the truce, obviously, and the war of independence, where people fought for the very freedoms that you're here tonight, voting away from them. What a turnaround. Those people like Collins and all of them are turning in the grave at an enormous speed, and it's truly shocking. And the worst part of it all is Minister. You've lost the public, but you've lost my trust a long time ago. The provisions of the bill will operate until the 9th of October, 2021. So we'll be all going off on their merry way tomorrow night on holidays, on full pay, and you can do what you like. It provides you with a provision that enables an extension for some additional period, not exceeding three months, if the appropriate resolution is passed by the Houses tonight. But more worse than that, Minister, worse than that, the scary part of this is Minister, because you're the man that said, you railed against this in opposition, I was with you at meetings in the Chiefs Office, you railed against it, and you're doing such a flip-flop. So what happens when you go into power? Who's the big hand, the heavy hand, above you that's getting you to sign all this legislation? The most part is, Section E, the bill provides for inspection and enforcement to the Health Service Executive, I understand it, 300 HSE staff for that, the Health and Safety Authority have another 70 staff for that, I believe. But the sad part about it is that it allows you the power under such an instrument to appoint bodies as the minister may see fit, by order. So you can appoint, it could be the army, you can appoint a security company. That is the most shocking aspect of this legislation, that we are going away from this House tonight at midnight after voting this, the people that are there are leaving, wringing their hands, the Fianna Fáil backbenchers, the Fianna Gael backbenchers, they're nearly not going to vote, but they are going to vote for it on reflection. We couldn't give it until Friday to debate it, we couldn't give it until next week to debate it, properly. Give you the power to sign any instrument you like. When hospitality businesses have been on their knees, and we are introducing an apartheid system here, a medical apartheid, nothing could be further, clearer than, to me anyway. And we are going to pit brother against brother, father against son and mother against daughter, and indeed families against families. And we expect the publicans and hospitality trade to handle this. Minister, they have already got no money from the insurance. All that they had insurance for cessation of business through the pandemic, the government didn't do a thing about them. Not one of them had been paid, and they are struggling there, and the trade now of the pub payment being removed from them. And above all, Deputy Nottingham was right, and he mentioned, you can go into cinemas and get your popcorn and your coke and whatever, and there's no passport. So what have you got against the hospitality industry? Your government, and you particularly, got against the hospitality industry. Something seriously. And the musicians who want to get back and play and entertain us all, and give us a bit of enjoyment and sport and a bit of solace, they are banished completely. They'll never get to play. They're trying to show me they might play a bit of music and we might talk loud and spread the violence. My goodness, such kindergarten, juvenile, pedantic, baloney, I never saw the beat of it. It's shocking asking you to withdraw this piece of legislation. Don't have any more smash and grab for more powers. You've got too many powers, and you've abused them, and abused them disgracefully. Thank you.
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