LegalizeEMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) ACT 2020
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
13 amending acts · 2024-11-12, revised-IE-2020-act-2@2024-11-12
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 in order to mitigate, where practicable, the effect of the spread of that disease and to mitigate the adverse economic consequences resulting, or likely to result from the spread of that disease and to mitigate its impact on the administration of vital public service functions; to make provision in relation to the operation of certain provisions of the Residential Tenancies Act 2004 during the period of 3 months following the enactment of this Act and such further period (if any) as may be specified by order of the Government; to amend the Planning and Development Act 2000 to provide, in certain circumstances, for the disregard of a certain period in the calculation of time limits referred to in that Act and in certain other enactments; to provide for the registration of certain health and social care professionals to fulfil the need for medical resources to alleviate the risk from Covid-19 to human life and public health and for those and related purposes to amend the Dentists Act 1985, the Health and Social Care Professionals Act 2005, the Pharmacy Act 2007, the Medical Practitioners Act 2007, and the Nurses and Midwives Act 2011; to make provision, due to the exigencies of the public health emergency posed by the spread of Covid-19, for certain amendments and modifications to the provisions of the Mental Health Act 2001 relating to the carrying out of reviews under section 18 of that Act; to amend the Defence Act 1954 to enable the re-enlistment of formerly enlisted persons; to enable the provision of a temporary wage subsidy to certain employees; to make provision in relation to the operation of certain provisions of the Redundancy Payments Act 1967 for a certain period following the enactment of this Act and such further period (if any) as may be specified by order of the Government and, for that purpose, to amend the Redundancy Payments Act 1967; to make provision allowing for the modified operation of certain aspects of the civil registration system, if required, for a limited period and such further period (if any) as may be specified by order of the Government, including by way of allowing certain persons to provide particulars to a registrar in writing rather than by appearing in person, and by allowing the staff of an tArd-Chláraitheoir to perform the functions of certain registrars in circumstances where the civil registration system is not available or able to perform its statutory functions as it ordinarily would be, and for those purposes, to amend the Civil Registration Act 2004; and to provide for related matters.
“8A. (1) A Superintendent Registrar of a registration area may make a request in writing to an tArd-Chláraitheoir (in this section referred to as a ‘request’) that an tArd-Chláraitheoir issue a direction (in this section referred to as a ‘direction’) that the relevant functions of registrars and Superintendent Registrars in the registration area to which the request relates are to be performed in accordance with this section.
(2) Where an tArd-Chláraitheoir receives a request under subsection (1), he or she shall issue a direction in relation to a registration area where he or she is satisfied that—
(a) it is appropriate to do so in the circumstances, and
(b) it is necessary to do so in order to prevent, limit, minimise or slow the spread of infection of Covid-19.
(3) Where an tArd-Chláraitheoir issues a direction in relation to a registration area—
(a) any relevant functions of a registrar or Superintendent Registrar of the registration area to which the direction relates shall be performed by such members of staff of an tArd-Chláraitheoir as an tArd-Chláraitheoir may specify, and
(b) a reference in a relevant provision—
(i) to a registrar or to a Superintendent Registrar shall be read as a reference to a member of staff of an tArd-Chláraitheoir specified under paragraph (a), and
(ii) to an tArd-Chláraitheoir shall, notwithstanding section 8(6), be read as a reference to an tArd-Chláraitheoir.
(4) A direction shall specify—
(a) the day on which it comes into effect, and
(b) the day on which it shall cease to have effect,
and, subject to subsection (5), the direction shall cease to have effect in relation to the registration area on the latter date.
(5) Notwithstanding the date on which a direction is specified to cease to have effect under subsection (4), a direction shall cease to have effect upon the earlier of—
(a) such date as may be specified by an tArd-Chláraitheoir in a written notice to the Superintendent Registrar of the registration area to which the direction relates, or
(b) the date on which this section ceases to be in operation in accordance with subsections (6) or (7), as the case may be.
(6) This section shall, subject to subsections (7) and (8), continue in operation until 31 May 2020.
(7) The Government—
(a) at the request of the Minister for Employment Affairs and Social Protection,
(b) after consultation with any other Minister of the Government as he or she considers appropriate having regard to the functions of that Minister of the Government, and
(c) having had regard to the matters referred to in subsection (9),
may, from time to time, by order declare that the period of time specified in subsection (6) shall continue in operation for such period or periods as may be specified in the order concerned.
(8) An order under subsection (7) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(9) When making an order under subsection (7), the Government shall have regard to the following:
(a) the nature and potential impact of Covid-19 on individuals, society and the State;
(b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;
(c) measures taken in order to comply with, or as a consequence of, Government policy;
(d) the need to ensure the most beneficial, effective and efficient use of resources;
(e) the need to ensure the continuity of a well-functioning registration service.
(10) In this section—
‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;
‘relevant function’ means a function of a registrar or a Superintendent Registrar under a relevant provision;
‘relevant provision’ means Part 3 or Part 5.”.
32. Alleviation of requirement on certain persons to appear in person under Part 3 of Act of 2004
32. The Act of 2004 is amended by the insertion of the following section after section 19A:
“19B. (1) Notwithstanding any provision of this Part, a parent or a qualified informant who, within the emergency period, is required under this Part to—
(a) attend in person before a registrar,
(b) attend in person before a Superintendent Registrar, or
(c) sign a register in the presence of any person,
shall be deemed to have d. Tone so where they have provided to the registrar, Superintendent Registrar or person in question such written particulars relating to that requirement as an tArd-Chláraitheoir may specify.
(2) Before the expiration of the emergency period, the Government may, at the request of the Minister made—
(a) after consultation with any other Minister of the Government as he or she considers appropriate having regard to the functions of that Minister of the Government, and
(b) having had regard to the matters referred to in subsection (4),
by order specify a date that is later than the expiration date of the emergency period specified in the definition of ‘emergency period’ or the last order under this subsection, as the case may be, and the emergency period shall be read as extending to, and including, the date so specified.
(3) An order under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(4) When making an order under subsection (2), the Government shall have regard to the following:
(a) the nature and potential impact of Covid-19 on individuals, society and the State;
(b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;
(c) measures taken in order to comply with, or as a consequence of, Government policy;
(d) the need to ensure the most beneficial, effective and efficient use of resources;
(e) the need to ensure the continuity of a well-functioning registration service;
(f) the need to ensure that persons do not have to attend in person to register a birth where it would not be safe or advisable in the interests of public health for them to do so.
(5) In this section—
‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;
‘emergency period’ means the period beginning on 13 March 2020 and ending on 31 May 2020.”.
33. Alleviation of requirement on certain persons to appear in person under Part 5 of Act of 2004
33. The Act of 2004 is amended by the insertion of the following section after section 37:
“37A. (1) Notwithstanding any provision of this Part, a relative or a qualified informant who, within the emergency period, is required under this Part to—
(a) attend in person before a registrar,
(b) attend in person before a Superintendent Registrar, or
(c) sign a register in the presence of any person,
shall be deemed to have done so where they have provided to the registrar, Superintendent Registrar or person in question such written particulars relating to that requirement as an tArd-Chláraitheoir may specify.
(2) Before the expiration of the emergency period, the Government may, at the request of the Minister made—
(a) after consultation with any other Minister of the Government as he or she considers appropriate having regard to the functions of that Minister of the Government, and
(b) having had regard to the matters referred to in subsection (4),
by order specify a date that is later than the expiration date of the emergency period specified in the definition of ‘emergency period’ or the last order under this subsection, as the case may be, and the emergency period shall be read as extending to, and including, the date so specified.
(3) An order under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(4) When making an order under subsection (2), the Government shall have regard to the following:
(a) the nature and potential impact of Covid-19 on individuals, society and the State;
(b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;
(c) measures taken in order to comply with, or as a consequence of, Government policy;
(d) the need to ensure the most beneficial, effective and efficient use of resources;
(e) the need to ensure the continuity of a well-functioning registration service;
(f) the need to ensure that persons do not have to attend in person to register a death where it would not be safe or advisable in the interests of public health for them to do so.
(5) In this section—
‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;
‘emergency period’ means the period beginning on 13 March 2020 and ending on 31 May 2020.”.
Footnotes
OJ No. C384I, 12.11.2019, p. 178
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.