Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Human Rights and Civil Liberty Considerations

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

I am aware that all the organisations are human rights bodies and may not be so concerned with civil litigation. I am wondering if they have any concerns about the effect of section 43 of the Health Act which, if a regulation is not adhered to, reverses the burden of proof if somebody contracts Covid-19. It only does so where the plaintiff was not aware of the breach of the regulation. Even if regulations about what people can and cannot do in their own homes do not have criminal sanctions, they could have civil consequences. I am thinking of the whole idea of horizontal effect and all of that. Maybe it is not of huge concern to the witnesses as human rights advocates. Is it something that has been considered?

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