C16

Prospective affecting provision: section inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 3, not commenced as of date of revision.

F86[38N.—(1) Subject to regulations made under section 38S(1)(j)(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, but being a person who stands, or a member of a class of person that stands, prescribed under section 38S(1)(e), 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 pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act.

(2) Subject to subsections (4) and (5), section 38Z(3), and any regulations made under section 38S(1)(j)(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,

(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

(IV) where the registered medical practitioner is satisfied, having regard to all the circumstances, that the person no longer poses a risk to others of infection with Covid-19 or the virus SARS-CoV-2, such earlier date, after the expiration of a period of 10 days commencing on the day the person is admitted to a designated facility, that the medical practitioner determines,

or

(b) where he or she is such a traveller by virtue of subsection (1) (b), until—

(i) subject to subparagraph (iii) and subsection (7), 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) A person who is an applicable traveller by virtue of subsection (1) (b) shall not be required to quarantine at a designated facility where the circumstances prescribed in regulations made under section 38S(1)(g) exist in relation to the person.

(5) 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.

(6) 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).

(7) Where an applicable traveller who presents himself or herself in accordance with subsection (6) (b) is a person referred to in subsection (1)(b)(ii) without the result of a pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act 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).

(8) Where an applicable traveller fails or refuses to comply with subsection (6), 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).

(9) A relevant person, approved person or member of the Garda Síochána shall, when an applicable traveller presents himself or herself in accordance with subsection (6) or is detained in accordance with subsection (8), as the case may be—

(a) have the power to convey the applicable traveller and any dependant person referred to in subsection (10) 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 (5), and

(c) advise the applicable traveller of his or her right to make a request under subsection (17) and the purposes for which he or she may, in accordance with subsection (20), leave a designated facility.

(10) Subject to subsection (11), 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 pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act, 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.

(11) Subject to subsection (19), where subsection (10) 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.

(12) 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.

(13) 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.

(14) Where under subsection (13) a responsible adult in respect of an applicable traveller accompanies and remains with him or her at a designated facility, this section and sections 38O to 38W shall apply to the responsible adult as they apply to the applicable traveller for the period they apply to the traveller concerned.

(15) Where subsection (13) 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.

(16) 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 (15)(a)(ii) to provide such information or documentation as may be required in order to verify any particular provided under subsection (15)(a).

(17) 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 (8), 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 (7) 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 (11), not to allow a dependant person leave quarantine, was erroneous,

(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 pre-travel 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,

or

(h) he or she, being an applicable traveller by virtue of subsection (1)(b), is at the time of making the request a person in relation to whom the circumstances prescribed in regulations made under section 38S(1)(g) exist.

(18) Where a request is made by a person under subsection (17), 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 (19), 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, including the risk to public health involved, 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 (19), the officer is, having considered the humanitarian grounds concerned, satisfied that it is appropriate in all the circumstances, including the risk to public health involved, 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 (19), 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

(viii) in the case of a request made under paragraph (h) of that subsection and subject to subsection (19), the officer is satisfied that the circumstances referred to in that paragraph exist in relation to the person who made the request,

or

(b) refuse a request made under that subsection and give reasons for that refusal.

(19) Where an applicable traveller or a dependant person, as the case may be, in accordance with subsection (11) or subsection (18)(a)(iv), (v), (vi) or (viii), 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.

(20) Subject to subsection (18) and section 38Z(5), 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 38S.

(21) Where an applicable traveller leaves a designated facility for a purpose specified in subsection (20), or in accordance with a permission under section 38Z(5), the responsible person shall cause to be recorded in writing the time, date and purpose for which the person left the facility.

(22) (a) The responsible person shall, without delay, notify the Garda Síochána 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 (20), or in accordance with a permission under section 38Z(5), fails to return at the expiration of the period which is strictly necessary for the purpose, or of the period specified in the permission, as the case may be,

(ii) leaves a designated facility for a purpose other than one referred to in any of paragraphs (a) to (d) of subsection (20) or in accordance with a permission under section 38Z(5).

(b) The responsible person shall, at the request of a member of the Garda Síochána and to assist such member in the exercise of the powers, or performance of the functions, of such member in accordance with subsection (25) (b) or section 38O, provide to such member any other information in respect of the applicable traveller that is known to the responsible person.

(23) 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.

(24) 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.

(25) 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 38O—

(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 Síochána 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 Síochána so required shall comply with the requirement.

(26) 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 Síochána 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 pre-travel test result in accordance with the requirements of any regulations made under this Act 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 who stands, or a member of a class of persons that stands, prescribed by the Minister in regulations made under section 38S;

"place of residence" has the same meaning as it has in section 38P;

"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", 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 38S;

"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 38S—

(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.]