Health (Amendment) Act 2021
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: In this Act, “Act of 1947” means the Health Act 1947 .
num: 2
paragraphs: Section 2 of the Act of 1947 is amended, in subsection (1), by the insertion of the following definitions:
“ ‘applicable traveller’ has the meaning assigned to it by section 38B(1);
“approved person’ has the meaning assigned to it by section 38H(1);
“approved services provider’ has the meaning assigned to it by section 38I(1);
“designated facility’ has the meaning assigned to it by section 38F(1);
“designated state’ has the meaning assigned to it by section 38E(1);
“non-designated state’ has the meaning assigned to it by section 38B(1);
“responsible person’ has the meaning assigned to it by section 38I(4).”.
num: 3
paragraphs: Section 31A of the Act of 1947 is amended—
(a) by the insertion of the following subsection after subsection (6E):
“(6F) In any prosecution for an offence under this section in respect of which a person is seeking to rely on a defence of reasonable excuse, it shall be for the person, for that purpose, to adduce evidence of the existence of such reasonable excuse in respect of the offence concerned.”,
(b) in subsection (12), by the substitution of the following paragraph for paragraph (a):
“(a) Subject to paragraph (b), a person guilty of an offence under this section is liable on summary conviction—
(i) in the case of a first such offence, to a fine not exceeding €4,000 or imprisonment for a term not exceeding one month or both,
(ii) in the case of a second such offence, to a fine not exceeding €4,500 or imprisonment for a term not exceeding 3 months or both, and
(iii) in the case of a third or subsequent such offence, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both.”,
and
(c) in subsection (17), by the substitution of “sections 31B, 38A, 38B, 38C, 38D, 38E, 38F and 38G” for “section 31B and section 38A”.
num: 4
paragraphs: The Act of 1947 is amended by the insertion of the following section after section 31A:
“31AA. (1) Regulation 4A (1) (inserted by Regulation 5 of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) (Amendment) (No. 2) Regulations 2021 ( S.I. No. 29 of 2021 )) of the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19)(No.10) Regulations 2020 ( S.I. No. 701 of 2020 ) shall be deemed to have been, for the duration of the relevant period, prescribed, in accordance with section 31A(6C), to be a fixed penalty provision.
(2) A fixed payment notice given, during the relevant period, under section 31C to a person in respect of an alleged offence consisting of a contravention of the provision referred to in subsection (1) shall be deemed to be, and always to have been, valid.
(3) In this section, ‘relevant period’ means the period beginning on the coming into operation of the provision referred to in subsection (1) and ending on the coming into operation of the Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) (No. 2) Regulations 2021 ( S.I. No. 62 of 2021 ).”.
num: 5
paragraphs: . Section 31C is amended, in subsection (1)(c), by the substitution of “€2,000” for “€500”.
num: 6
paragraphs: Section 31D of the Act of 1947 is amended, in subsection (5), by the substitution of “€4,000” for “€1,000”.
num: 7
paragraphs: The Act of 1947 is amended by the insertion of the following sections after section 38A:
“Obligation on certain persons coming into State to quarantine in designated facilities in certain circumstances
38B. (1) Subject to regulations made under section 38G(1)(g)(i), this section applies to a person, other than an exempted traveller, (in this Act referred to as an ‘applicable traveller’)—
(a) who, on or after the commencement of this section, arrives in the State having been in a designated state at any time within the period of 14 days prior to such arrival, or
(b) not being a person to whom paragraph (a) applies, who, on or after the commencement of this section, arrives in the State—
(i) having been in a state which is not a designated state (in this Act referred to as a ‘non-designated state’) at any time within the period of 14 days prior to such arrival, and
(ii) without the result of a RT-PCR test as defined in, and in accordance with the requirements of, any regulations made under this Act.
(2) Subject to subsection (4) and any regulations made under section 38G(1)(g)(ii) and (iii), an applicable traveller shall quarantine at a designated facility and shall remain in quarantine at that facility in accordance with this Act—
(a) where he or she is such a traveller by virtue of subsection (1)(a), until—
(i) subject to subparagraph (iii), the expiration of a period of 14 days beginning on the day the person is admitted to a designated facility,
(ii) where the person takes a RT-PCR test on day 10 of quarantine and the result of that test is that Covid-19 or the virus SARS-CoV-2 is not detected, the receipt of such a result, or
(iii) where the person takes a RT-PCR test at any time during the 14 day period referred to in subparagraph (i) and the result of that test is that Covid-19 or the virus SARS-CoV-2 is detected, upon being examined by a registered medical practitioner, who is a medical officer of health—
(I) where the person was asymptomatic at the time of taking the test, the expiration of a further 14 day period in isolation commencing on the day he or she took that test, if for the duration of that 14 day period he or she remained asymptomatic,
(II) subject to clause (III), where the person was symptomatic at the time of taking the test, or subsequent to the taking of the test became symptomatic, the expiration of a further 14 day period in isolation commencing on the day he or she took the test (if symptomatic at that time) or became symptomatic (if later) subject to the person being fever free for the last 5 days of that 14 day period, or
(III) where clause (II) applies and the person is not fever free for the last 5 days of that 14 day period, such time as the person is fever free for 5 consecutive days,
or
(b) where he or she is such a traveller by virtue of subsection (1)(b), until—
(i) subject to subparagraph (iii) and subsection (6), the expiration of a period of 10 days beginning on the day the person is admitted to a designated facility,
(ii) where the person takes a RT-PCR test and the result of that test is that Covid-19 or the virus SARS-CoV-2 is not detected, the receipt of such a result, or
(iii) where the person takes a RT-PCR test at any time during the 10 day period referred to in subparagraph (i) and the result of that test is that Covid-19 or the virus SARS-CoV-2 is detected either—
(I) the expiration of the remainder of the 10 day period referred to in subparagraph (i), or
(II) such earlier period as is determined by a registered medical practitioner, who is a medical officer of health, on being satisfied, having regard to all the circumstances, that the person can effectively isolate in his or her place of residence.
(3) For the purposes of calculating a period of quarantine referred to in subsection (2), a day shall be calculated on the basis of a 24 hour period.
(4) Where on the application of subsection (2) an applicable traveller is required to remain in a designated facility for a period of less than 14 days from the date of his or her admission to a designated facility, he or she shall be considered to be a person who is subject to the obligations to self-quarantine in any regulations made under this Act which apply to persons arriving in the State from a state other than a designated state and any period spent by him or her in a designated facility shall be included in the reckoning of a period during which he or she is required to self-quarantine in satisfaction of any such obligation.
(5) For the purposes of subsection (2), an applicable traveller shall—
(a) prior to his or her arrival in the State, pre-book a place in a designated facility,
(b) present himself or herself—
(i) where his or her arrival in the State is at a port or an airport, to a relevant person, an approved person or a member of the Garda SÃ­ochÃ¡na, or
(ii) where his or her arrival in the State is not at a port or airport, or is at a port or an airport in which there is no such person or member present, at the designated facility referred to in paragraph (a) as soon as practicable but in any event no later than 4 hours after such arrival,
and
(c) in the case of paragraph (b)(i), remain at the place where he or she presents himself or herself or at such other place as he or she may be directed to remain by the approved person or member concerned, until that person or member takes or arranges for the applicable traveller to be taken to the designated facility referred to in paragraph (a).
(6) Where an applicable traveller who presents himself or herself in accordance with subsection (5)(b) is a person referred to in subsection (1)(b)(ii) without the result of a RT-PCR test in accordance with the requirements of any regulations on the basis that the result shows that Covid-19 or the virus SARS-CoV-2 is detected, he or she shall—
(a) as soon as practicable after his or her arrival in the designated facility be assessed by a registered medical practitioner who is a medical officer of health, and
(b) where that officer is—
(i) satisfied, having regard to all the circumstances, that the person can effectively isolate in his or her place of residence, be discharged from the facility, or
(ii) not so satisfied, remain in quarantine for the remainder of the 10 day period referred to in subsection (2)(b).
(7) Where an applicable traveller fails or refuses to comply with subsection (5), a relevant person, on producing his or her warrant of appointment for inspection by the applicable traveller, or a member of the Garda SÃ­ochÃ¡na may —
(a) detain that applicable traveller for the purposes of paragraph (b), and
(b) arrange for an approved person to take the applicable traveller to a designated facility for the purposes of subsection (2).
(8) A relevant person, approved person or member of the Garda SÃ­ochÃ¡na shall, when an applicable traveller presents himself or herself in accordance with subsection (5) or is detained in accordance with subsection (7), as the case may be—
(a) have the power to convey the applicable traveller and any dependant person referred to in subsection (9) to a designated facility,
(b) furnish to the applicable traveller a written notice of the rights and obligations which apply in relation to such quarantine and information relating to the application of subsections (2) and (4), and
(c) advise the applicable traveller of his or her right to make a request under subsection (16) and the purposes for which he or she may, in accordance with subsection (19), leave a designated facility.
(9) Subject to subsection (10), where an applicable traveller to whom subsection (1)(b) applies is accompanied by a person who appears to the relevant person, approved person or member of the Garda SÃ­ochÃ¡na, as the case may be, to be a dependant person, then notwithstanding that the dependant person either has, or is exempt from the requirement to have, a RT-PCR test, that dependant person shall accompany the applicable traveller to the designated facility concerned and remain at that facility for the duration of the period in which the applicable traveller is required to remain at the facility.
(10) Subject to subsection (18), where subsection (9) applies, the applicable traveller referred to in that subsection may, on arrival at the designated facility or at any time thereafter, seek an assessment of the dependant person by a medical officer for health on the basis that it is inappropriate, having regard to any special needs or circumstances pertaining to the dependant person that he or she remains in quarantine and, where the medical officer for health determines that it is inappropriate, the dependant person shall no longer be obliged to remain in quarantine where the responsible person is satisfied that—
(a) there is another person in the State who can care for the dependant person,
(b) the applicable traveller consents to that other person caring for the dependant person, and
(c) that other person has indicated that they are willing to care for the dependant person.
(11) Where an applicable traveller has on arrival in the State given an indication of any of the matters referred to in paragraph (a), (b) or (c) of section 13 (1) of the International Protection Act 2015 , the requirement in subsection (2) to quarantine at a designated facility shall be deemed to be satisfied—
(a) other than in the case of an applicable traveller to whom paragraph (b) applies, where he or she consents to effectively isolate (which isolation shall include the obligations to self-quarantine in accordance with any regulations made under this Act applicable to persons arriving in the State from a state other than a designated state) in accommodation arranged by the Minister for Children, Equality, Disability, Integration and Youth and he or she is so accommodated, and
(b) where it appears to a relevant person, approved person or a member of the Garda SÃ­ochÃ¡na, as the case may be, that an applicable traveller is a child and is not accompanied by an adult who is taking responsibility for the child’s care and protection, where he or she can effectively isolate (which isolation shall include the obligations to self-quarantine in accordance with any regulations made under this Act applicable to persons arriving in the State from a state other than a designated state) in accommodation arranged by the Child and Family Agency and he or she is so accommodated.
(12) Where it appears to a relevant person, approved person or a member of the Garda SÃ­ochÃ¡na, as the case may be, that an applicable traveller is a child and is not accompanied by an adult who is taking responsibility for the child’s care and protection, a responsible adult in respect of the applicable traveller may accompany him or her to a designated facility and remain at that facility for the duration he or she is required to remain at the facility.
(13) Where under subsection (12) a responsible adult in respect of an applicable traveller accompanies and remains with him or her at a designated facility, this section and sections 38C to 38K shall apply to the responsible adult as they apply to the applicable traveller for the period they apply to the traveller concerned.
(14) Where subsection (12) applies and there is no responsible adult in respect of an applicable traveller to accompany and remain with him or her at a designated facility, the requirement in subsection (2) to quarantine at a designated facility shall be deemed to be satisfied—
(a) other than where paragraph (b) applies, where—
(i) the relevant person, approved person or a member of the Garda SÃ­ochÃ¡na, as the case may be, determines that the applicable traveller can effectively isolate in his or her place of residence and that the requirements referred to in subparagraphs (ii) to (iv) are satisfied,
(ii) a responsible adult in respect of the applicable traveller resides with him or her at the place of residence,
(iii) the responsible adult referred to in subparagraph (ii) undertakes in writing to supervise the effective isolation of the applicable traveller in the place of residence (which isolation shall include the obligations to self-quarantine in accordance with any regulations made under this Act applicable to persons arriving in the State from a state other than a designated state), and
(iv) the responsible adult referred to in subparagraph (ii) provides particulars relating to the place of residence to the relevant person, approved person or a member of the Garda SÃ­ochÃ¡na, as the case may be,
and
(b) where the applicable traveller is in the care of the Child and Family Agency, where he or she can effectively isolate (which isolation shall include the obligations to self-quarantine in accordance with any regulations made under this Act applicable to persons arriving in the State from a state other than a designated state) in accommodation arranged by the Child and Family Agency and he or she is so accommodated.
(15) Where a relevant person, approved person or a member of the Garda SÃ­ochÃ¡na considers it necessary to do so, he or she may request the responsible adult referred to in subsection (14)(a)(ii) to provide such information or documentation as may be required in order to verify any particular provided under subsection (14)(a).
(16) A person may request that his or her quarantine, or in the case of paragraph (f), the quarantine of a dependant person, be reviewed by a designated appeals officer on the grounds that—
(a) where the person is detained under subsection (7), the circumstances set out in paragraphs (a) and (b) of subsection (1) do not apply to him or her,
(b) at the time of making the request, the requirements of subsection (2)(a) which applied to the person have been satisfied,
(c) at the time of making the request, the requirements of subsection (2)(b) which applied to the person have been satisfied, or, if applicable, a determination of an officer under subsection (2)(b)(iii)(II) or subsection (6) that he or she can not effectively isolate at home, is erroneous,
(d) for medical or other exceptional reasons, including the necessity of providing care for any vulnerable person, his or her quarantine in the designated facility should be ended before the expiration of the period of quarantine required under subsection (2) in respect of him or her,
(e) he or she needs to leave the designated facility on urgent humanitarian grounds,
(f) a decision, made under subsection (10), not to allow a dependant person leave quarantine, was erroneous, or
(g) he or she, being an applicable traveller by virtue of subsection (1)(a) —
(i) has not been in a designated state at any time within the period of 10 days prior to his or her arrival in the State,
(ii) can demonstrate that he or she has quarantined in a facility, equivalent to a designated facility, in a non-designated state for the duration of the period between leaving the designated state and arriving in the State,
(iii) can demonstrate that the quarantine referred to in subparagraph (ii) was undertaken in a room on his or her own,
(iv) has the result of a RT-PCR test as defined in, and in accordance with the requirements of, any regulations under this Act,
(v) has, on arrival in the State, taken a RT-PCR test and the result of that test is that Covid-19 or the virus SARS-CoV-2 is not detected, and
(vi) has, on or after the fifth day of his or her arrival in the State, taken a RT-PCR test and the result of that test is that Covid-19 or the virus SARS-CoV-2 is not detected.
(17) Where a request is made by a person under subsection (16), his or her quarantine shall be reviewed by a designated appeals officer as soon as practicable but no later than 24 hours from the time of making the request and the designated appeals officer shall, having called on and considered such evidence as he or she requires to make a decision in relation to that request—
(a) confirm that the person is no longer obliged to remain in quarantine where—
(i) in the case of a request made under paragraph (a) of that subsection, the officer is satisfied that the circumstances referred to in that paragraph do not apply to the person who made the request,
(ii) in the case of a request made under paragraph (b) of that subsection, the officer is satisfied that the requirements referred to in that paragraph have been satisfied by the person who made the request,
(iii) in the case of a request made under paragraph (c) of that subsection, the officer is satisfied that the requirements referred to in that paragraph have been satisfied by the person who made the request, or, if applicable, the determination of the officer referred to in that paragraph was erroneous,
(iv) in the case of a request made under paragraph (d) of that subsection, and subject to subsection (18), the officer, having considered the evidence of a registered medical practitioner where the request relates to any medical reason or relates to the care of a vulnerable person who would be in close contact with the applicable traveller if released, is satisfied that it is appropriate in all the circumstances that his or her quarantine in the designated facility should cease,
(v) in the case of a request made under paragraph (e) of that subsection and subject to subsection (18), the officer is, having considered the humanitarian grounds concerned, satisfied that it is appropriate in all the circumstances that his or her quarantine in the designated facility should cease,
(vi) in the case of a request made under paragraph (f) of that subsection and subject to subsection (18), the officer is satisfied that the decision referred to in that paragraph was erroneous,
(vii) in the case of a request made under paragraph (g) of that subsection, the officer is satisfied that the requirements of subparagraph (i) to (vi) of that paragraph have been complied with,
or
(b) refuse a request made under that subsection and give reasons for that refusal.
(18) Where an applicable traveller or a dependant person, as the case may be, in accordance with subsection (10) or subsection (17)(a)(iv), (v) or (vi), ceases to be obliged to remain in quarantine, he or she shall be considered to be a person who is, accordingly, subject to the obligations to self-quarantine in any regulations made under this Act applicable to persons arriving in the State from a state other than a designated state and any period spent by him or her in a designated facility shall be included in the reckoning of a period during which he or she is required to self-quarantine in satisfaction of any such obligation.
(19) Subject to subsection (17), an applicable traveller shall remain in a designated facility for the period specified in paragraph (a) or (b) of subsection (2), as the case may be, and may only leave a designated facility for such period as is strictly necessary where agreed with the responsible person for—
(a) the purpose of transferring to another designated facility,
(b) a medical emergency,
(c) the purpose of availing of a RT-PCR test where that test cannot be provided at the designated facility, or
(d) such other purpose as may be prescribed in regulations made by the Minister under section 38G.
(20) Where an applicable traveller leaves a designated facility for a purpose specified in subsection (19), the responsible person shall cause to be recorded in writing the time, date and purpose for which the person left the facility.
(21) (a) The responsible person shall, without delay, notify the Garda SÃ­ochÃ¡na in writing where an applicable traveller—
(i) having left a designated facility for a purpose referred to in paragraph (b), (c) or (d) of subsection (19), fails to return at the expiration of the period which is strictly necessary for the purpose, or
(ii) leaves a designated facility for a purpose other than one referred to in any of paragraphs (a) to (d) of that subsection.
(b) The responsible person shall, at the request of a member of the Garda SÃ­ochÃ¡na and to assist such member in the exercise of the powers, or performance of the functions, of such member in accordance with subsection (24)(b) or section 38C, provide to such member any other information in respect of the applicable traveller that is known to the responsible person.
(22) An applicable traveller shall, while required to remain in quarantine in accordance with subsection (2), take a RT-PCR test at such time or times as shall be designated in writing by the Minister in line with the recommendations of the Health Protection Surveillance Centre of the Health Service Executive and such designated time or times shall be published on a website maintained by the Minister or the Government.
(23) An applicable traveller may, at any time after his or her arrival in a designated facility, be moved—
(a) for the purposes of isolation, to another part of that facility or another designated facility where a RT-PCR test taken by an applicable traveller detects the presence of Covid-19 or the virus SARS-CoV-2, or
(b) to another designated facility where it is necessary or expedient to do so for health and welfare of the traveller or for any other good reason.
(24) A relevant person or an approved person may, in the course of exercising a power or performing a function conferred on him or her by this section or section 38C—
(a) be accompanied and assisted by any other relevant person or approved person in such exercise or performance, and
(b) without prejudice to the generality of section 95, require a member of the Garda SÃ­ochÃ¡na to assist in the exercise of the power or the performance of the function, including by way of temporarily detaining a person, bringing a person to any place, breaking open of any premises other than a dwelling, or any other action in which the use of force may be necessary and is lawful and a member of the Garda SÃ­ochÃ¡na so required shall comply with the requirement.
(25) In this section—
“airport’ means any of the following airports:
(a) Cork Airport;
(b) Donegal Airport;
(c) Dublin Airport;
(d) Ireland West Airport;
(e) Kerry Airport;
(f) Shannon Airport;
(g) Waterford Airport;
“asymptomatic’ means not having any symptoms;
“child’ means a person who is under the age of 18 years;
“dependant person’ means—
(a) a child, or
(b) a person who is 18 years or over and is suffering from a mental or physical disability to such an extent that it is not reasonably possible for him or her to look after himself or herself fully;
“designated appeals officer’ means an independent appeals officer designated by the Minister;
“exempted traveller’ means a person—
(a) who arrives in the State in the course of performing his or her duties and either—
(i) holds a valid annex 3 certificate in accordance with the Communication from the Commission on the implementation of the Green Lanes under the Guidelines for border management measures to protect health and ensure the availability of goods and essential services, or
(ii) is a driver of a heavy goods vehicle,
(b) who is an aircraft pilot, other aircrew, maritime master or maritime crew who arrives in the State in the course of performing his or her duties,
(c) who travels to the State pursuant to an arrest warrant, extradition proceedings or other mandatory legal obligation,
(d) who travels to the State in the course of performing his or her duties, and is a member of the Garda SÃ­ochÃ¡na or of the Defence Forces or an equivalent body or organisation outside the State,
(e) who travels to the State from a state in circumstances where it is impossible for the person to secure a RT-PCR test result before so travelling and is in possession of written confirmation from the Minister for Foreign Affairs that the person has an urgent humanitarian reason for so travelling,
(f) who travels to the State for an unavoidable, imperative and time-sensitive medical reason and that reason is certified by a person who is a registered medical practitioner or a person holding an equivalent qualification outside the State,
(g) who having been outside the State to provide services to, or perform the functions of—
(i) an office holder appointed under any enactment or under the Constitution, or
(ii) a member of either House of the Oireachtas or the European Parliament,
is required to travel to the State in order to continue providing such services, or performing such functions, as the case may be,
(h) to whom the privileges and immunities conferred by—
(i) the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April 1961, or
(ii) the Vienna Convention on Consular Relations done at Vienna on the 24th day of April 1963,
apply in the State,
(i) to whom the privileges and immunities conferred by an international agreement or arrangement or customary international law apply in the State, pursuant to the Diplomatic Relations and Immunities Acts 1967 to 2006 or any other enactment or the Constitution,
(j) who is a person that stands, or a member of a class of persons that stand, prescribed by the Minister in regulations made under section 38G;
“place of residence’ has the same meaning as it has in section 38D;
‘port’ means any of the following ports:
(a) Cobh in the Port of Cork;
(b) Dublin Port;
(c) Killybegs Harbour;
(d) Port of Cork;
(e) Port of Galway;
(f) Port of Waterford;
(g) Rosslare EuroPort;
‘relevant person’ means—
(a) an authorised officer,
(b) a medical officer of health,
(c) an immigration officer appointed by the Minister for Justice under section 3 of the Immigration Act 2004 ,
(d) an officer of customs (within the meaning of the Customs Act 2015 ), or
(e) a person, or group of persons, appointed by the Health Service Executive;
“responsible adult’ means, in relation to an applicable traveller who is a child, where the parent of the applicable traveller can be ascertained and reached within a time which is reasonable having regard to all the circumstances of the case, the parent concerned or in any other case a person acting in loco parentis;
“RT-PCR test’, other than in subsection (1)(b)(ii) and subsection (16)(g)(iv), means a reverse transcription polymerase chain reaction test—
(a) the purpose of which is to detect the presence of Covid-19 or the virus SARS-CoV-2 in the person to whom it is administered,
(b) administered by the Health Service Executive or a person on its behalf or a person approved by the Minister to conduct such a test and prescribed in regulations under section 38G;
“state’ means any country, territory, region or other place outside the State other than Northern Ireland;
‘symptom’, in relation to Covid-19 or the virus SARS-CoV-2, means, subject to any regulations made under section 38G—
(a) a fever being a temperature of 38 degrees Celsius or above,
(b) a new cough,
(c) shortness of breath or breathing difficulties,
(d) loss of sense of smell or taste, or
(e) change to sense of smell or taste.
Return of applicable traveller to designated facility
38C. (1) Where an applicable traveller leaves a designated facility for a purpose other than a purpose specified in, or accordance with, subsection (19) of section 38B or for a purpose specified in that subsection but fails to return after the expiration of the period which is strictly necessary for the purpose, the responsible person shall arrange for an approved person to return the applicable traveller to the designated facility or, if the approved person is unable to do so, the approved person may require a member of the Garda SÃ­ochÃ¡na to assist, in accordance with section 38B(24)(b), in returning the applicable traveller to the designated facility concerned.
(2) For the purposes of subsection (1), a member of the Garda SÃ­ochÃ¡na, either alone or with any other member of the Garda SÃ­ochÃ¡na—
(a) may detain the applicable traveller for the purposes of returning the applicable traveller to a designated facility,
(b) where he or she so detains, shall return, or request a relevant person or an approved person to return, the applicable traveller to a designated facility, and
(c) where he or she so detains, shall cause to be furnished to the applicable traveller, as soon as practicable thereafter, a copy of the notification given to the Garda SÃ­ochÃ¡na in respect of the applicable traveller concerned under section 38B(21) by the responsible person.
(3) An approved person or a relevant person shall have the power to return an applicable traveller to a designated facility where the approved person or relevant person is requested to do so by a member of the Garda SÃ­ochÃ¡na under subsection (2)(b).
Offences related to quarantine and power to give direction
38D. (1) A person shall be guilty of an offence where he or she—
(a) fails to comply with the requirement in section 38B(5)(b) to present himself or herself in accordance with that provision,
(b) fails to remain at the place where he or she presents himself or herself under section 38B(5)(c) or fails to comply with a direction given under that provision,
(c) resists being detained or brought to a designated facility, or both, under section 38B(7),
(d) while in a designated facility acts in a manner which endangers the life and health of any other person in the facility or acts with reckless disregard for the life and health of such a person,
(e) leaves a designated facility—
(i) for a purpose other than one specified in subsection (19) of section 38B, or
(ii) for a purpose referred to in that subsection for a period longer than that which is strictly necessary for the purpose,
or
(f) refuses to take a RT-PCR test in contravention of the requirements of section 38B(22).
(2) A person shall be guilty of an offence where he or she, without reasonable excuse, fails—
(a) to comply with the requirement in section 38B(5) to pre-book a place in a designated facility prior to his or her arrival in the State as required by that provision, or
(b) in respect of an applicable traveller for whom he or she is a responsible adult, to pre-book a place in a designated facility for the traveller prior to the arrival in the State of that traveller as required by section 38B(5).
(3) A person shall be guilty of an offence where he or she—
(a) resists returning to a designated facility in accordance with section 38C,
(b) obstructs or interferes with the exercise of any power conferred on a relevant person, an approved person or a member of the Garda SÃ­ochÃ¡na under section 38B, 38C or this section,
(c) in purported compliance with any requirement under section 38B, gives information to a relevant person, an approved person or a member of the Garda SÃ­ochÃ¡na, as the case may be, that to the person’s knowledge is false or misleading in any material particular,
(d) prevents or attempts to prevent the detention of an applicable traveller under subsection (7) of section 38B or the bringing of the applicable traveller to a designated facility in accordance with that subsection, or
(e) assists an applicable traveller in leaving a designated facility for a purpose other than one specified in section 38B(19).
(4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on summary conviction to a fine not exceeding €2,000 or to imprisonment for a term not exceeding one month, or both.
(5) Where a member of the Garda SÃ­ochÃ¡na suspects, with reasonable cause, that a person—
(a) has contravened the requirement in section 38B(5)(b) to present himself or herself in accordance with that provision,
(b) while in a designated facility is acting or has acted in a manner which endangers the life and health of any other person in the facility or with reckless disregard for the life and health of such a person, or
(c) has left a designated facility for a purpose other than one specified in subsection (19) of section 38B or leaves for a purpose referred to in that subsection for a period longer than that which is strictly necessary for the purpose,
the member may direct the person to cease the contravention, cease acting in such manner or to return to the designated facility immediately, as the case may be.
(6) Where a person has left a designated facility for a purpose other than one specified in subsection (19) of section 38B or leaves for a purpose referred to in that subsection for a period that is longer than that which is strictly necessary for the purpose, the member may give the direction referred to in subsection (5) in writing and leave it at the place of residence of the person, or any other place where the member has reasonable cause to believe the person is located.
(7) It shall be an offence for any person, without reasonable excuse, to fail to comply with a direction given by a member of the Garda SÃ­ochÃ¡na under this section.
(8) (a) Where a member of the Garda SÃ­ochÃ¡na suspects, with reasonable cause, a person of committing an offence under this section, the member may, without warrant, do one or more of the following:
(i) require the person to produce to the member his or her passport and travel documentation;
(ii) search the person’s baggage or vehicle and may, if he or she thinks fit, in relation to a vehicle which is being searched, require the person who for the time being is in control of such vehicle if moving, to bring it to a stop and when stopped to refrain from moving it, or if the vehicle is stopped, to refrain from moving it;
(iii) seize and retain any evidence of, or relating to, the suspected commission or attempted commission of an offence under this section.
(b) Nothing in this subsection shall operate to prejudice any power to search, or to seize or retain property, which may be exercised by a member of the Garda SÃ­ochÃ¡na apart from this subsection.
(9) A member of the Garda SÃ­ochÃ¡na who has reasonable grounds for believing that a person is committing or has committed an offence under this section may require the person to state his or her name and address.
(10) A person who fails or refuses to state his or her name and address in compliance with a requirement under subsection (9), or who, in purported compliance with such a requirement, states a name or address that is false or misleading, shall be guilty of an offence.
(11) (a) A member of the Garda SÃ­ochÃ¡na may arrest without warrant any person whom the member has reasonable cause for believing has committed an offence under subsection (1)(a), (1)(c) or subsection (10).
(b) For the purpose of arresting a person in accordance with paragraph (a), a member of the Garda SÃ­ochÃ¡na may enter (if need be, by use of reasonable force) and search any place (other than a dwelling) where the person is or where the member, with reasonable cause, suspects him or her to be.
(c) This subsection shall not affect the operation of any enactment or rule of law relating to powers of search or powers of arrest.
(12) A person guilty of an offence under this section (other than an offence under subsection (1), (2) or (3)) shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding one month or both.
(13) In this section—
“Covid-19 Passenger Locator Form’ means—
(a) the form which is required to be completed in certain circumstances by certain persons on or before arrival in the State after having been in a state (within the meaning of section 38B), and
(b) which form or a form to the like effect made available by the Health Service Executive is set out in—
(i) the Health Act 1947 (Section 31A - Temporary Requirements) (Covid-19 Passenger Locator Form) Regulations 2021 ( S.I. No. 45 of 2021 ), or
(ii) any other Regulations made under this Act;
‘place of residence’ means—
(a) where a Covid-19 Passenger Locator Form was completed in respect of the applicable traveller, the place of residence (other than a designated facility) specified on the Covid-19 Passenger Locator Form, or
(b) where a Covid-19 Passenger Locator Form was completed in respect of the applicable traveller and the only place of residence specified was a designated facility or where no Covid-19 Passenger Locator Form was completed in respect of the applicable traveller—
(i) in relation to a person who is ordinarily resident in the State, the home in which the person ordinarily resides or if the person does not have a home, such other premises (other than a designated facility), if any, at which he or she is currently residing, whether on a permanent or temporary basis, or
(ii) in relation to a person who is not ordinarily resident in the State, the premises (other than a designated facility), in the State, if any, at which he or she is currently residing or intends to reside after arriving in the State, whether on a permanent or temporary basis;
“responsible adult’ means, in relation to an applicable traveller who is a child, a person who—
(a) is 18 years of age or older,
(b) travels to the State with the applicable traveller, and
(c) is responsible, alone or jointly with another person, for that applicable traveller for all or part of the journey by which the applicable traveller arrives in the State.
Designated state
38E. (1) Subject to subsection (3), the Minister may designate in writing any state (in this Act referred to as a ‘designated state’) where there is known to be sustained human transmission of Covid-19 or any variant of concern or from which there is a high risk of importation of infection or contamination with Covid-19 or any variant of concern by travel from that state.
(2) The Minister shall, as soon as practicable after a designation is made under subsection (1), ensure that the fact of such designation is published on a website maintained by the Minister or the Government.
(3) When making a designation under subsection (1), the Minister shall—
(a) have regard to the matters referred to in paragraphs (a) and (b) of section 31A(2) and paragraphs (a) to (e) of section 38A(2), subject to the modification that a reference in those paragraphs to Covid-19 shall be taken to include a reference to a variant of concern,
(b) have regard to the advice of the Chief Medical Officer of the Department of Health, and
(c) consult with the Minister for Foreign Affairs and such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.
(4) The Minister shall on a regular basis review the situation in a state designated under subsection (1) and, shall, having regard to the matters referred to in subsection (3)(a) and (b) and having consulted in accordance with subsection (3)(c), revoke, in writing, a designation where appropriate.
(5) In this section—
“state’ has the same meaning as it has in section 38B;
num: 8
paragraphs: Section 42 of the Act of 1947 is amended—
(a) in subsection (2), by the substitution of “Subject to subsection (2A), where a person is attended by a nurse” for “Where a person is attended by a nurse”,
(b) by the insertion of the following subsection after subsection (2):
“(2A) A charge shall be made for the attendance on persons at a designated facility.”,
and
(c) in subsection (3), by the substitution of “subsection (2) or (2A)” for “subsection (2) ”.
num: 9
paragraphs: (1) This Act may be cited as the Health (Amendment) Act 2021.
(2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister for Health may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(3) Sections 2 , 7 and 8 —
(a) may, during the relevant period only, be the subject of an order under subsection (2), and
(b) where they are the subject of such an order, shall, subject to subsection (6), continue in operation during the relevant period only.
(4) In this section, “relevant period” means—
(a) the period of 3 months commencing on the day following the passing of this Act, or
(b) such further period as is specified in a resolution passed by each House of the Oireachtas under subsection (5).
(5) The relevant period may be extended by a resolution passed by each House of the Oireachtas—
(a) before the expiry of the period of 3 months commencing on the day following the passing of this Act, or
(b) where the relevant period stands extended by a resolution under this subsection, before the expiry, in accordance with the resolution, of the relevant period,
for such period (being a period not exceeding 3 months) as is specified in the resolution.
(6) Where, in accordance with subsection (3)(b), an amendment of the Act of 1947 referred to in that subsection ceases to be in operation on a particular date and, immediately before that date, a person is a person to whom this subsection applies, the amendment shall continue in operation in all respects for the purposes of ensuring that the quarantine or self-quarantine of the person in compliance with the amendment continues notwithstanding that cesser.
(7) Subsection (6) applies to a person who is—
(a) obliged under section 38B (inserted by section 7 ) of the Act of 1947 to quarantine, or
(b) obliged or considered to be obliged, under section 38B of the Act of 1947 or any regulations made under that Act which apply to persons arriving in the State from a state other than a designated state (within the meaning of section 38E(1) of that Act), to self-quarantine.