Q&A: Why Phil Hogan came under pressure to resign

A guide to the issues and events surrounding the EU commissioner’s move to step down

Phil Hogan, who is to step down as EU trade commissioner. Photograph: Nick Bradshaw/The Irish Times
Phil Hogan, who is to step down as EU trade commissioner. Photograph: Nick Bradshaw/The Irish Times

What did Phil Hogan say about getting a negative Covid-19 test and restricting his movements?

Mr Hogan said he arrived back to Ireland from Belgium on July 31st and began his 14-day period of restricted movement as required by Irish Covid-19 regulations for travellers arriving from non-green-list countries. On August 5th he had to attend hospital to address an unexpected medical issue, at which point he tested negative for Covid-19.

Mr Hogan said in his view this negative test meant he was no longer obliged to complete the 14-day period and therefore his subsequent movements around the country were not in breach of regulations. He said he based this view on information on a Citizens Information page, which states “in black and white” that people who test negative “do not have to self-isolate any longer”.

How did this tally with the advice of the HSE and Citizens Information?

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It is correct that the Citizens Information page in question states that those who test negative no longer have to restrict their movements. However, following Mr Hogan's statement and interview with RTÉ News on Tuesday, Citizens Information stated that this page refers "to self-isolating and no longer requiring to self-isolate in the context of people who have been tested on the advice of the HSE, and does not apply to people who must restrict their movements for 14 days upon entry to the State".

It said it deals with advice for incoming travellers on a different page. This page makes no mention of a negative test negating the 14-day requirement. It states that those arriving into the country from non-green-list areas will need to restrict their movements for 14 days.

The HSE’s Covid-19 advice line also said incoming travellers from those areas must restrict their movements for 14 days on arrival, regardless of any negative test result.

This is because the virus could still be incubating at the time the test is taken. “A test is only a point in time,” an adviser explained. “So I’m afraid the 14 days still stands regardless of [if you] test negative or not.”

What is the difference between self-quarantine and restricted movement?

Self-quarantine is for people with symptoms of coronavirus, awaiting a test for coronavirus or who have received a positive test. Trips outside are not allowed for those in self-quarantine. They must keep away from others in their house as much as possible, including using a separate bathroom if possible, and disinfect their room every day.

Restricted movement is a lower standard which applies to travellers arriving from a non-green-list country or those who live with someone in self-quarantine. However, it still mandates strict restrictions on movement.

Those on restricted movement are advised not to go to work, have visitors or use public transport. They are also advised not to go to the shops unless “absolutely necessary” and to instead rely on family, friends or delivery services.

If someone is flying into Ireland for “essential work reasons” do they need to self-quarantine, or do they only need to restrict their movement?

The HSE guidance does not detail any exemption to the restricted movement requirements for essential work reasons.

However in July, Taoiseach Micheál Martin adhered to "restricted movement" after returning from Belgium but still attended sittings of the Dáil. Acting chief medical officer Dr Ronan Glynn at the time said essential workers arriving back into the country should be restricting their movements "when not conducting essential business".

Dr Glynn said the Taoiseach was doing “essential work” and that he was sure the Taoiseach would act “in the safest manner”.

Does the passenger locator form Mr Hogan filled in on arrival at Dublin Airport on July 31st tell people to restrict movements for 14 days?

Mr Hogan said he completed a passenger locator form on arrival in the State and filled in his contact details. “As I had submitted my contact details on the passenger locator form I remained fully accessible to the authorities at all times as required by the regulations, notwithstanding that my negative Covid-19 status had been determined since arrival to the State.”

The form does not explicitly state passengers must restrict movement for 14 days on their arrival. It does state they may be contacted by authorities over the next 14 days to verify the information they provided in the form is correct.

Mr Hogan had published a timeline of his movement while in Ireland after being requested to do so by his then boss, European Commission president Ursula von der Leyen. What does this timeline say?

Mr Hogan said that on arrival in Ireland on July 31st he travelled to his temporary residence in Co Kildare. He said he was admitted to a Dublin hospital for a medical procedure on August 5th and while in hospital, he tested negative for Covid-19. When discharged on August 6th he returned briefly to his temporary residence in Co Kildare and departed for Kilkenny the next day. This was before Co Kildare went into lockdown on August 8th.

On August 12th he travelled to Dublin from Kilkenny "for essential work reasons" and met Tánaiste Leo Varadkar and other officials to brief them on ongoing trade negotiations with the US.

He said that on August 13th he played golf in Adare, Co Limerick, and returned to Kilkenny.

On August 17th he travelled from Kilkenny to Co Kildare to pick up “some personal belongings and essential papers” before travelling on to Co Galway. Mr Hogan said his stop in Kildare, which was by then in lockdown, was justified as it related to work reasons.

The following day he played golf in Co Galway and stayed in Clifden. On August 19th he said he played golf in Clifden before attending the Oireachtas Golf Society formal dinner, "for which I have since apologised".

Two days later he returned from Co Galway to his temporary residence in Co Kildare to collect more personal belongings and his passport. He stayed there overnight before catching an early morning flight to his primary residence in Brussels.

What explanation does Mr Hogan give for attending the Oireachtas Golf Society dinner with more than 80 people present?

Mr Hogan said the Government had introduced new restrictions on indoor gatherings the day before the dinner, but that the statutory instrument giving effect to this change and official guidance to the hospitality sector were only made available after the dinner.

“In reality this means that the dinner did not come within the remit of the new rules agreed on August 18th.”

However, Mr Hogan also acknowledged the previous restrictions limiting indoor events to 50 people were still applicable.

Finally, he stated that the legal obligations imposed by the regulations rest with the organisers of the event rather than the attendees.

While he repeatedly apologised for being at the dinner, he said he was an invited guest and was assured by the organisers and the hotel that the event was being held in compliance with Covid-19 regulations. “I had no reason to question or doubt that assurance, particularly in circumstances where an Irish Government Minister was attending and speaking at the event.”

Did he leave out anything?

In his public statement on Tuesday Mr Hogan omitted some outings which have since been reported in the press. He did not detail a social visit to Co Roscommon on August 17th while en route to Clifden.

He also did not mention eating out in the K Club in Co Kildare on the night he flew into Ireland. This occurred before he received his negative Covid-19 test. Both of these trips were reported in The Irish Times after his public statement.

And, while he included his trip to Adare to play golf in the timeline, he did not state that he ate at a restaurant and stayed overnight at a hotel while there.

Mr Hogan told RTÉ on Wednesday the documents he had given to Dr von der Leyen contained a full account of his travels.

A spokesman for Mr Hogan told The Irish Times “if he was in Roscommon, I fail to see its relevance”, given that that county was not under lockdown at the time. Mr Hogan’s spokesman offered no comment about the July 31st dinner.

Did Mr Hogan breach the county lockdown rules by stopping in Co Kildare?

Mr Hogan said he visited Co Kildare twice after it went into lockdown on August 8th, first on August 17th while travelling to Clifden and then on August 21st to collect his passport and personal belongings before returning to Brussels the next day.

He said both visits were permitted under the relevant regulations as he had a “reasonable excuse” to be there.

The statutory instrument giving rise to the lockdown of Co Kildare allows for travel to and from the county with a “reasonable excuse”.

It also details a non-exclusive list of what constitutes such an excuse. This includes travelling to “work, comply with a contract of employment or contract for services, or otherwise engage in work or employment” and to “move to another residence where, in all the circumstances of the case, such movement is reasonably necessary”.

Conor Gallagher

Conor Gallagher

Conor Gallagher is Crime and Security Correspondent of The Irish Times