An employee at a quarantine hotel in Taiwan disinfects a bedroom

This afternoon.

The Government’s plan to use hotels for the mandatory quarantining of some international arrivals could face delays.

It is understood the Cabinet heard this morning that primary legislation will be needed to establish the system.

The Government said it is now working to promptly draft this legislation.

Pesky Constitution.

Hotel quarantine plans may face delay over legislation (RTÉ)


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27 thoughts on “Soft Cell

  1. george

    There is no reference to the constitution anywhere in the article. The new rules aren’t covered by existing legislation so a statutory instrument cant’ be used. Introducing new legislation is a primary role of government. There is nothing strange about that.

    1. Bodger

      There’s no reference to the Constitution but what they are proposing is unconstitutional, hence the delay I guess.

      1. george

        That’s not true. If it were against the constitution then it would require a referendum.

        The minister can only use secondary legislation to do something if primary legislation gives them that power. Otherwise they use primary legislation to do it. This is the basics of how our political system is supposed to work.

        1. Rob_G

          “If it were against the constitution then it would require a referendum.”

          I can’t believe that this has to be explained to a journalist and editor…

          1. Bodger

            I’m neither. The emergency powers override the Constitution as per…the Constitution. Under Article 28..3.3 legislation can be passed for the public safety without constitutional challenge. I personally think they ride rough shod over it.

          2. george

            The need for primary legislation is not because the proposals are unconstitutional. This is Gemma O’D and John Waters level stuff.

          3. Rob_G

            You think that they are riding roughshod over the constitution, but don’t know which article of the constitution they are riding roughshod over… righto

          4. Bodger

            This proposal directly breaches Article 40.4.1: “No citizen shall be deprived of his personal liberty save in accordance with law.” Which is why they would need to trigger Article 28..3.3.

          5. Commenter #1

            lolol Charger isn’t driving the engagement the way he used, so we’re giving spurious constitutional “interpretation” a try, i see.

    1. george

      It is quite normal in most democratic countries that when you are introducing new laws you actually have to draft those laws and have a vote on them in the parliament.

          1. Charger Salmons

            They should get John Brennan and Bodger in to do that room.
            They’d have it fluff-free and fragrant in a jiffy with two wafts of their feather dusters.

  2. Micko

    What’s the story here if your travelling with young children?

    Do they have to stay in the hotel too?

    1. Brother Barnabas

      we know what you’re thinking, micko – and the answer is no, it’s not going to be 2 weeks of room service and sex

      1. Micko

        Was actually thinking it’s a pretty brutal thing to do to a small kid.

        But sure safety first I guess.

  3. Kim the Cardassian

    Cue public outrage at foreign travel
    Cue government making promises
    Cue public backlash at delays
    Cue rushed legislation
    Cue loopholes or unforeseen legal issues
    Cue civil liberties outrage
    Cue high court cases
    Cue tribunals
    Cue more Irish outrage
    Cue Brits taken holidays to Spain in a few months
    Cue Irish outrage at not being allowed foreign travel

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