Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

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

Dr. David Kenny:

I will clarify the reference in our evidence on that. What we meant to say - and what our written submission makes clear, I hope - is that it was advised that those over 70 years of age remain in their homes and the exemptions for leaving home, such as to shop and take exercise within a certain distance, were essentially said not to apply to those people. The idea was they should stay in their home even in circumstances where they may have wished to leave. That was never a part of our regulatory regime. That was never anything but public health advice. The opposite impression was given in communications on departmental websites, statements and press conferences. I appeared on the radio and clarified this at one juncture and I received multiple emails from people who had believed previously that they had been legally required to stay in their home. They were asking whether it was correct that they could go outside. Again, that is an elision of advice versus a legal requirement that we should try to avoid in all circumstances.

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