Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

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

Ms Maura McNally:

From the perspective of the Bar of Ireland, we are the party that would be engaged if there was a judicial review or a challenge to the constitutionality of primary legislation or secondary legislation. However, it falls to the Legislature when it comes to determining the framework and whether the Minister, in invoking or signing into law a particular statutory instrument or regulation, is correct and appropriate. As I stated, under section 5 of the health Act, for example, one has the right to bring matters back for review. A citizen or other interested party can bring a challenge to the courts, which is the other means of checking and ensuring that things are constitutional. I do not wish to go back over old ground by addressing access to the courts, justice and the infrastructure, but this is not a matter for the Bar of Ireland. It could be addressed by the Law Society or the Covid-19 law and human rights observatory of Trinity College, Dublin, which, unless I am mistaken, is carrying out a review of the various statutory instruments and Acts. From the perspective of the Bar of Ireland, it is not our role to do that.

Comments

No comments

Log in or join to post a public comment.