Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

I thank the contributors. I very much welcome the part of the Law Society's submission which suggests action should be taken to accelerate the end of direct provision and the suggestion in terms of ensuring the resources necessary for social distancing in overcrowded in housing conditions. That is very positive.

Following everything that has been said about confusion over legal requirements as against guidance, about the need for proportionality, if I understand correctly, and about the need for things to be clearly communicated and so on, the witnesses may know there is a motion in the Dáil to deal with section 31A of the Health Act, which gives sweeping powers to the Minister for Health, and the statutory instrument which relates to things like limiting numbers at gatherings in homes and various other restrictions.

Do the witnesses believe that those emergency amendments to the Health Act, and this statutory instrument, are problematic legally and that they sail close to the wind or beyond the boundaries they think need to be observed around legality, constitutionality and ensuring there is public trust in the laws and regulations being used to deal with Covid-19?

I would also like some clarity on the next issue. I very much believe that people should adhere to rational public health guidelines. Several of the witnesses made observations about the need for the Oireachtas committees to function, the legal system to function and so on. The right to protest is also a very important part of the functioning of our democracy. People who refuse to socially distance on protests and who do not wear masks are utterly reckless but I also believe that it would be completely wrong - and I am not even sure what the legal position is at the moment - to prevent protests where people socially distance and wear masks, given the importance of the right to demonstrate and to protest in a functioning democracy. I would like to hear the witnesses' opinions on that. What are the constitutional and legal powers now? Has the Garda the right to stop protests? I will give one example but will not mention the group involved. One group was planning a protest soon and were told by An Garda Síochána that if they organised a protest they would all be arrested. This was despite the fact they had made it very clear they were going to socially distance, wear masks and control numbers and regulate the protest. They were just told "No, if you go ahead we will arrest you." Has the Garda the power to do that? Do the witnesses believe this to be proportionate? Does it relate to any of the concerns the witnesses have expressed?