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What to know about the mandatory Covid jab debate in Germany

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What’s going on?

Business leaders and virologists are urging Germany’s incoming government to make sweeping changes to its vaccination drive.

In its 10-point plan released on Monday, the German Association of Small to Medium-Sized Businesses (DMV) called for mandatory vaccinations for the German population alongside other measures such as an instant work permit for foreign medical staff and uniform ‘2G plus’ at events, meaning only vaccinated and recovered people with a negative test can enter.

On Sunday, the German Association of Virologists issued a statement calling for “urgent political action”. Officials should focus on “increasing the vaccination rate, if necessary by introducing compulsory vaccination”, they wrote. 

The pleas from business and medicine come after the president of the German Employers’ Association, Rainer Dulger, called for a general vaccination mandate in an interview with the Rheinische Post. 

With infection rates spiralling in Germany, politicians have been debating whether to follow neighbouring Austria’s lead and introduce a general vaccine mandate. 

The discussion has been ongoing for the past few weeks, but with fears growing about the threat of the recently discovered Omicron variant, the debate has taken on a new sense of urgency. 

However, with other options currently on the table for controlling the fourth wave, such a mandate is likely to be seen by many politicians as a last resort. 

READ ALSO: Germany must be prepared for Omicron variant, warns top virologist

How would a general vaccine mandate work?

As you might expect, this wouldn’t be a case of physically forcing anyone to get vaccinated, but rather of enshrining the need to do so in law. People who aren’t registered as vaccinated will likely recieve a letter reminding to book an appointment, and a deadline by which to do so. If after a certain grace period, people still haven’t go their jabs, they’ll probably be issued with a hefty fine.

When the vaccine mandate is introduced in Austria next February, media reports suggest this fine could be as high as €3,600 for people who avoid their initial jabs, and around €1,750 for people who turn down their boosters. People who then refuse to pay the fine could face up to four weeks in prison. If Germany ended up introducing a similar vaccine mandate, fines could be a bit more lenient – but they would need to be high enough to deter the majority of people from flouting the rules. 

Once again, the harsher side of the penal system – including prison sentences – could also be used if the fines proved ineffective. 

Why does this matter? 

The question of how to improve the Germany’s languid vaccination rate has been frustrating politicians since the campaign started to lose momentum in summer this year. Currently, Germany has one of the lowest vaccination rates in western Europe, with just 68.4 percent of the population having had their full course of jabs. When more of the population is vaccinated, Covid poses less of a threat to public life, since breakthrough infections are rare in vaccinated people and hospitalisations are even rarer. 

Closed bars in Berlin
A closed bar in Berlin during shutdown earlier this year, when curfews were imposed. Experts believe higher vaccinations could break the cycle of endless restrictions and reopenings. Photo: picture alliance/dpa | Christophe Gateau

READ ALSO: Why is German-speaking Europe lagging on Covid vaccines?

Medical experts have also suggested that a very high vaccination rate could enable Germany to keep infection rates consistently low and minimise the strain on health services. Based on the highly infectious Delta variant, a model produced by the Robert Koch Institute (RKI) suggested that a vaccination rate of 90 percent or more in over-60s and 85 percent in 12-59 year olds would keep weekly incidences of Covid below 50 cases per 100,000 people. However, with the Omicron variant – which is suspected to be even more infectious than Delta – an even higher vaccination rate could be needed.

As health experts and politicians have repeatedly said, a high vaccination rate could offer a way out of the pandemic and break the cycle of endless lockdowns and restrictions. In contrast, a low vaccination rate could lead to the pandemic running rampant and even, as has been the case in Africa, result in the emergence of dangerous new variants. 

Would a vaccine mandate be legal? 

There’s been a lot of discussion over mandatory Covid vaccinations and whether such a law could contravene the German constitution.  Politicians from the liberal FDP – who tend to be against compulsory jabs – have claimed that making jabs compulsory could go against the right to bodily autonomy that’s mentioned in the constitution.

However, some legal experts have rejected this view. Speaking to RND on Monday, Göttingen-based criminal lawyer Gunnar Duttge claimed the German constitution did not give vaccine sceptics the right to endanger other people through unreasonable behaviour.

Vaccination clinic in Marzahn
People wait outside a newly opened vaccination centre in Marzahn, Berlin. Photo: picture alliance/dpa | Annette Riedl

“That the constitution does not permit compulsory vaccination is a widespread misconception,” Duttge said. “In reality, the state can do a great deal while maintaining the regulatory framework of fundamental rights.”

The question of whether a vaccination mandate is legally permissible has nothing to do with individual rights, since Germany’s Constitutional Court has always considered the individual in the context of a wider community, rather than as an isolated being, he added. However, a move towards compulsory vaccination would have to be proportional to the threat. 

That means that compulsory vaccination is likely to be permissible by law if the pandemic reaches a situation where, according to medical experts, everyone needs to cooperate to prevent putting the population in danger. 

What do government officials say?

In the run-up to the September federal election, talking about mandatory vaccination remained something of a taboo, but with the situation in Germany worsening by the day, the incoming ‘traffic light’ government has left the option firmly on the table.

Having agreed to implement a vaccination mandate for medical and care workers on the request of state leaders, the incoming Chancellor, Olaf Scholz, told ZDF that “nothing can be ruled out” when it comes to a general vaccine mandate

In the coalition between the SPD, Greens and FDP, the Greens are also open to a general vaccination obligation. Co-party leader Robert Habeck emphasised on ZDF that compulsory vaccination would not be able to stop the current rapid increase in infections, but said that “a debate should be had” if the country continued to swing between lockdowns and reopenings. 

Even the liberal FDP seem more open to a general vaccination mandate than they have been in the past – though party leader Christian Lindner has said that the constitutional and legal basis should be checked before making a firm political decision.

READ ALSO: Everything that changes in Germany in December 2021



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Government rejects calls to introduce a right to work from home

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The Government has rejected calls to introduce a right to work from home, promising instead to legislate for a right for employees to request home-working.

Opposition politicians have called for a right to work remotely.

However, Tánaiste and Minister for Enterprise Leo Varadkar said that while the Government’s proposed Bill would require employers to consider such requests, they would still be able to reject them.

He argued that employers are more likely to grant requests to work from home for fear of being brought to the Workplace Relations Commission (WRC) – which will be the appeals mechanism in the new law.

Cabinet is set to consider the proposals as hundreds of thousands of workers face a gradual return to the office over the coming weeks.

Unions have said that employers must consult with their members about the return to on-site working and ICTU chief Patricia King warned that some workers will not be able to return for health reasons.

Mr Varadkar said new safety protocols are to be published by the end of the week as he spoke about the Government’s plans to legislate for the right to request remote working.

The proposed Bill will set out a legal framework whereby an employer can either approve or reject a request to work remotely from an employee.

‘Change the culture’

Social Democrats co-leader Catherine Murphy has said the Government must give workers a legal right to work remotely, “not merely the right to request flexible working arrangements”.

She said the Government’s plan “does not go far enough” and “The default position should be that flexible working is permissible. It should not be at the whim of employers to accept it or reject it.”

Labour’s employment spokeswoman Senator Maire Sherlock has criticised the Government for not moving quicker to address the issue of people returning to the workplace and called for legislation that guarantees the right to flexible work.

Sinn Féin’s spokeswoman on Enterprise Louise O’Reilly said the planned legislation should be “more robust” and that no reasonable request from an employees should be refused.

She acknowledged that not all requests can be granted because not all work can be done remotely but said: “the emphasis should be on the right to have it rather than the right to ask for it”.

Mr Varadkar said there was a lot of work done with the Attorney General and “Government can only interfere in contracts that employers and employees have signed to a certain extent.”

He also pointed out that remote working isn’t always going to be possible – pointing to education, healthcare, manufacturing and hospitality as examples.

Mr Varadkar said: “What we want to do is get to a position whereby remote working/home working becomes a choice and that employers facilitate that provided the business gets done and provided public services don’t suffer.”

He said that the Government does not want things to go back to the old normal for working arrangements post-pandemic.

“We want to see more remote working, more home working, more hybrid working”.

Mr Varadkar said he believes the legislation can “change the culture” and that employers will embrace it.

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Travel agents experiencing increase in bookings since Covid-19 restrictions eased

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Travel agents are experiencing an increase in inquires and bookings since the government announced the relaxation of Covid-19 restrictions on Friday.

Pat Dawson, CEO of the Irish Travel Agents Association, says there has been a “phenomenal” turn around in bookings, and travel agents are busy getting back to inquiries.

“We are looking at a healthy summer season, it’s the first time I’ve been positive in two years.”

He advised people to book their holidays early to avoid disappointment. “The longer you leave it, the dearer it will get. Mid-term break in February and Easter are almost full.”

Mr Dawson believes there is a pent-up demand. “There are some people who have money they haven’t spent, a big chunk of that will be spent on foreign holidays.”

John Spollen, director of Cassidy Travel in Dublin, says he has seen an increase in bookings over the weekend.

Popular destinations include Spain and Portugal, which have been Irish favourites for many years now, says Mr Spollen. There are also some bookings for the US, Jersey, Madeira and the Greek islands.

Peak travel

People should avoid peak travel times from mid June to the end of August and consider booking mid-week, early or late flights to get the best value, according to Mr Spollen.

“In May, September and October, the weather will be similar to summer weather.”

Mr Spollen added people should take out travel insurance and ensure their passport and driver’s licence are in date.

Michael Doorley of Shandon Travel in Cork said they have seen a huge increase in inquiries.

“We are not back to 2019 levels yet… the EU is a big destination. We have had a lot of inquires about mobile home holiday parks. Italy would be the most popular destination for this type of holiday, but Croatia is becoming almost as popular.”

There are also bookings for America coming in, as well as some couples celebrating their honeymoons belatedly, according to Mr Doorley.

It is important that people understand the restrictions in the country they are travelling to, he added, and they should check the Department of Foreign Affairs website regularly.

Aoife O’Donoghue is just one of the many Irish people who have not been on a holiday abroad in two years, and she is excited to be going to Barcelona at the end of March.

“A friend is moving over there in February, so myself and two other girls are going to visit her. It’s actually all our birthdays that weekend too,” she says.

The friends used to live together in Galway, and Ms O’Donoghue says it’s fantastic to have something to look forward to again.

The last time she went abroad was to Switzerland in January 2020. “Just as we were coming back there was news of the big Covid outbreak in Italy, so felt lucky to have gotten a holiday in before it all kicked off.”

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Property group clashes with council over Dundrum residential development

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The owners of Dundrum Town Centre have clashed with Dún Laoghaire-Rathdown council over demands for more large apartments as they advance fast-track plans for a major residential development in the south Dublin village.

Property group Hammerson and insurer Allianz, which operate the new shopping complex in the area, have been in talks with An Bord Pleanála to build up to 889 apartments on the site of the old Dundrum shopping centre.

Their company, Dundrum Retail Ltd Partnership, has told the council it should scrap new requirements for “a minimum of three-plus bedroom units” in large apartment blocks that are included among proposed amendments to its draft county development plan.

In a submission last week to the council, the company said the new guidelines were in conflict with official rules that said there should be no minimum requirement for apartments with three or more bedrooms.

According to the company, the justification for the guidelines was based on fast-track strategic housing development permissions in the council area and “evidence” from certain boroughs in London.

“[Dundrum Retail Ltd Partnership] submit that the logic underpinning the policy is flawed and is not a basis for imposing prescriptive unit mix ratios on a countywide basis,” it said.

“The draft development plan needs to be amended to remove the very prescriptive requirement for apartments with three or more bedrooms and to allow applicants to make the case for a particular unit mix based on the particular attributes of local areas where a different mix might be appropriate.”

The company also told the council that proposed amendments to the development plan presented “contradictory or ambiguous objectives” in relation to proposals for a community, cultural and civic centre in the area.

Such objections were included among 106 submissions on the draft plan in a public consultation which closed last week. Numerous other developers and the Irish Home Builders Association lobby group also opposed the measures, some saying they would delay or prevent the delivery of new homes.

Asked about the submissions, the council said the response to any issues raised would be set out in a report by its chief executive to elected members which would be published. “It will be a decision of the elected members to adopt the plan and it is anticipated that this will take place in early March 2022. The plan will then come into effect six weeks later,” the council said.

Cost increase

In its submission, the Irish Home Builders Association said its members were concerned that the introduction of “further onerous standards” would increase the cost of delivering new homes and their price.

“This at a time when construction costs are already under huge inflationary pressure and affordability is a major issues for most home buyers,” said James Benson, director of the association.

“A key concern of the home-building sector in respect of the new plan is a lack of consistency with national planning guidelines/standards, which may be considered to be contrary to recent Government policy which sought to bring a greater extent of standardisation to national planning standards.”

The submission added: “The key concerns relate to the locational restriction and unit mix requirements for [build-to-rent] schemes, other standards for apartment developments which are more onerous/restrictive than the Government’s… guidelines, and the requirement for early delivery of childcare facilities in residential developments, all of which have the potential to impact adversely on the viability and affordability of housing in the county.”

Another builder, Park Developments, said in a submission the draft sought “more onerous policies, objectives and standards” that would have a direct effect on housing supply. “We are already seeing the impact of the chronic shortage in the supply of housing on the affordability of rental accommodation and homeownership.”

Castlethorn Construction said the blanket imposition of three-bedroom requirements “can only serve to militate against development of apartments” in the council area. It said the cost of delivering three-bed apartments was “very significant”, adding that demand was “not evident by reference to market sentiment, estate agents’ advice” and national policy imperatives.

Developer Hines, which has major interests in the Cherrywood strategic development zone, said in its submission that the logic underpinning requirements for more three-bedroom units was flawed.

“While making the case that recent development has been weighted towards one- and two-bed units, it fails to recognise that three-bed semi-detached and detached houses remain the predominant typology within [Dún Laoghaire-Rathdown] and that the [strategic housing development] permissions provide a much-needed mix of housing types within the county to redress this balance within the county.”


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