Health (Amendment) Act 2021

1. Definition

1. In this Act, “Act of 1947” means the Health Act 1947.

2. Amendment of section 2 of Act of 1947

2. 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).”.

3. Amendment of section 31A of Act of 1947

3. 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”.

4. Confirmation of certain provision of regulation under section 31A(1) as fixed penalty provision

4. 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).”.

5. Amendment of section 31C of Act of 1947

5.. Section 31C is amended, in subsection (1)(c), by the substitution of “€2,000” for “€500”.

6. Amendment of section 31D of Act of 1947

6. Section 31D of the Act of 1947 is amended, in subsection (5), by the substitution of “€4,000” for “€1,000”.

7. Insertion of sections 38B to 38M in Act of 1947

7. 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 Síochána, 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 Síochána 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 Síochána 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 Síochána, 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 Síochána, 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 Síochána, 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 Síochána, 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 Síochána, 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 Síochána 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