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 Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

I thank Dr. Kenny. Do the representatives of the Law Society or the Bar of Ireland wish to come in on that issue? If they do not, I will move on to my next question.

I have been somewhat confused by the most recent regulations relating to a limit of six people from three households meeting and all of that. To what extent do those regulations apply to religious worship and religious ceremonies such as baptisms, communions, confirmations, mass, funerals, etc.? As funerals were explicitly mentioned in previous regulations, one would have to assume that it is hoped to bring in religious worship, of which funerals may be a type.

The Irish Constitution guarantees freedom of worship to everybody, subject to limitations in respect of public order and morality. Public order obviously has a wide meaning but Article 9 of the European Convention on Human Rights provides that freedom of religion can be limited based on public order, public morality or public health. It appears that the Irish Constitution does not explicitly provide for freedom of worship to be limited on the basis of public health. In those circumstances, do you think that the regulations applied to limiting what churches could do in acts of public worship as opposed to some of their other activities and, if so, was that lawful? My question is primarily directed to Dr. Kenny but if the witnesses from the Law Society or the Bar Council wish to respond to it, I would welcome their views.

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