Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Legislative Framework Underpinning the State's Response

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

Like other members, I thank the witnesses for addressing the committee and giving of their time. Unlike three other members who have spoken, I am not a lawyer. Rather, I am a layman and my interpretation of the rules and regulations may be slightly different from theirs. In the first instance, my belief is that guidelines are only guidelines and have no legal effect unless they are grounded in law. Are the emergency legislation and the existence of a declared emergency sufficient grounding to allow the guidelines to be enforceable and punishable? The Chairman also raised that issue.

I am conscious that Ireland is an island nation with an open economy that is heavily dependent on travel. The air route between Dublin and London is the second busiest route in the world, which is indicative of the amount of business that takes place. However, there are two types of travel: necessary and optional. To my mind, travel may be necessary for the conduct of business. To what extent can those engaging in business travel be protected in the countries they are travelling from and to? Can they expect to be treated fairly, openly and honestly and allowed to carry out their business in the current situation?

As previous speakers have noted, Ireland is different from many other counties as it has a written Constitution. We have available to us an alternative parliamentary venue which can facilitate the attendance of all Members of Parliament.

All Members of Parliament can vote and have voted several times in recent weeks. That facility is available to us, unlike some other countries.

The common good also plays a role and we must observe what is in the common good. The question arises whether the measures are adequately taken in the common good and are sufficient to ensure that adherence is statutorily required.

That is all. Unfortunately I must go to the House.

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