Dr. David Kenny:

We can speak to that and answer the previous query as well. It is important to say the most recent regulations do not provide for a power of entry. They make it clear that under the regulations it is not lawful to organise a gathering, but no criminal sanction is attached. It is not a penal provision. It has been described in some quarters as a civil offence, but it has been pointed out that this is not something really known to our law.

We were asked to consider that and whether it should be allowed. As the Law Society of Ireland representative has said, there are serious concerns in terms of the constitutional protection of the dwelling. We have talked a good deal about proportionality today. The key thing about proportionality is that context is key. If a severe public health need could be shown, something might be proportionate while it might not be if that evidence cannot be presented. That is why it is difficult to speak in general terms about this. It really depends on the evidence that can be presented for such an extraordinary power to be necessary.

What we can say is that there is certainly a credible constitutional objection to such a power of entry, not that it is certainly or definitely unconstitutional. It is for these Houses in debate to work out whether they believe that the evidence and threat is sufficient if that comes forward as a proposal.

We have been saying repeatedly that there is a need for oversight of regulations. Perhaps it is essential that the primary legislation allows for some broad regulations which may even include making a civil offence relating to the establishment of dwellings. However, we would need primary legislation to create a search power and then there would be Oireachtas oversight. We need Oireachtas oversight of these regulations as well because they are significant. Some of the most significant rule-making in this pandemic has been done by regulation. It is important that this oversight is in place.