Ms Sinéad Gibney:

Yes, absolutely. I have been listening to the discussions today and earlier in this session my colleagues spoke about the use of the courts, for example, in determining the proportionality. There is no reason that we cannot take the jurisprudence that is available to us regarding proportionality - the ICCL has outlined constructive and clear recommendations on how this could happen - and, more broadly, human rights impact assessment models that are used in other jurisdictions and applying them earlier in the process. We will inevitably have emergency legislation again. It will happen at some point. The committee we have pushed for since 2016 would be a mechanism which, when in place, would make this so much easier to implement. It would allow for the easy consultation of human rights and equality experts within the State and the voice of those most impacted by whatever emergency legislation is being proposed. We have heard about the specific groups, such as those with disabilities, the Traveller population, those living in direct provision and people in this pandemic experiencing homelessness and domestic violence. These are all people who we can consult earlier and more effectively in the development of emergency legislation and with the appropriate experts. For me, that structure of the committee is definitely a key part of that.

Another thing we would promote is the public sector equality and human rights duty which, on a longer-term basis, allows for the strategic planning of any Department or public sector body to take account of human rights and equality. Of course, those Departments and various bodies will now be considering future emergency legislation. Thinking about the human rights and equality duty and how it can be best applied will help the Oireachtas and Departments to prepare better for emergency legislation in the future.