The Attorney General told the Government that restricting indoor dining to vaccinated people is “lawful” and does not breach constitutional rights, according to Leo Varadkar.
The Tanaiste said that laws would have to be passed to implement the proof for the vaccination scheme.
There has been widespread anger from the hospitality sector and opposition parties after the Government accepted a recommendation from the National Public Health Emergency Team (Nphet) to restrict indoor dining to the fully vaccinated or those who have immunity from the virus.
The Government confirmed on Tuesday that drinking and eating inside bars and restaurants will be delayed for several weeks.
The rollout of #COVIDVaccines in Ireland is well underway. But vaccines are not available in all nations. Learn more about @unicefireland's
— HSE Ireland (@HSELive) June 29, 2021
'Get a Vaccine Give a Vaccine' campaign on our staff website: https://t.co/SghfjbXN9I #GetAVaccineGiveAVaccine pic.twitter.com/6kgq1Mv3P6
It had been due to resume on July 5.
The Government said it will devise an implementation plan for the controversial scheme by July 19.
While there are concerns over the legalities of the scheme, Mr Varadkar said they have received early advice from Attorney General Paul Gallagher.
“We had initial advice yesterday from the Attorney General who believes this is lawful,” Mr Varadkar told RTE Morning Ireland.
“We will obviously pass certain laws to do it, but that it wouldn’t be unconstitutional, but that was an initial advice, he wants to consider it again.
It would be a departure from public health advice, I need to be straight about thatLeo Varadkar
“I have to say, I am disappointed with the approach of Labour and the Social Democrats in particular.
“Up until now, they’ve always said that we should take public health advice and follow the advice of Nphet (National Public Health Emergency Team).”
Mr Varadkar also said that the Government will look at testing as part of its plans to consider introducing a domestic Covid certificate to allow people to dine indoors.
He added: “I definitely think we have to consider testing, bear in mind how the digital certificate works.
“It’s vaccine recovered or a recent negative test. That’s how the cert actually works at the moment, so I do think that’s something we have to give close consideration to.
“It would be a departure from public health advice, I need to be straight about that. But I think that is something that will have to form part of our considerations.”
It comes as representatives from the hospitality sector are due to meet Mr Varadkar and Minister for Health Stephen Donnelly.
Continued strong momentum on our vaccination programme. Well over 100,000 administered in the first two days this week. Over 4.1M done to date with almost 67% adults had a Dose 1 & 44% a dose 2. #covid19 hospitalisations at 40 & ICU at 16. Every day more protections. @HSELive
— Paul Reid (@paulreiddublin) June 30, 2021
The head of the HSE said on Wednesday that close to half of the adult population has been fully vaccinated.
Paul Reid tweeted: “Continued strong momentum on our vaccination programme.
“Well over 100,000 administered in the first two days this week.
“Over 4.1 million done to date with almost 67% adults had a dose one and 44% a dose two.
“Covid-19 hospitalisations at 40 and ICU at 16. Every day more protections.”