Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Human Rights and Civil Liberty Considerations

Mr. Liam Herrick:

In our submission, we set out very detailed recommendations for how we feel the system of developing regulations could be improved. This builds on detailed submissions we made to the Department of Health in May. All the bodies presenting to the committee today had the benefit of listening to contributions this morning, and we are all approaching this in a constructive way, trying to make helpful suggestions as to how we can all do things a little better in future.

With regulations, we must ensure that first there is clarity about which specific set of public health advice is inspiring the Government to consider that it needs regulations. The Government must make its case as to why communications are not sufficient and regulations are required. There should then be a process of engagement with the Oireachtas, in the first instance, and then others to ensure that any regulations are balanced, necessary and proportionate. If that requires more resources and time for NPHET in explaining its advice, the Department of Health or any other Government body in developing legislation, or the Oireachtas, it should be provided as the stakes are so high.

There is a broad consensus in the views of all the bodies presenting before the committee that there are clear and concrete examples from other jurisdictions of how we can improve the implementation of regulations. This is not just an abstract legal or technical point. This is about ensuring a higher level of transparency so the public understands, co-operates and trusts what is happening. In our experience over the past number of months, the vast majority of members of the public who have contacted us want to comply with the law and guidance but they are just asking for more information and clarity. It behoves the Government to provide such clarity.

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