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:

The point made by Deputy Burke is precisely the point made by the ICCL in its submission to the Oireachtas in March in regard to the Health Act 1947, namely, that the powers that were given to the Minister in this particular context to introduce regulations was unusually broad. We appreciate that the Oireachtas was considering the legislation in a very compressed timeframe but that is an ongoing challenge. That legislation and the power to introduce regulations expires on 9 November 2020. It is essential that the Oireachtas has adequate time to consider those powers before they expire if it was to be proposed that they be introduced again in the future in a different form.

The second question, notwithstanding that the power is place for the Minister to introduce regulations, is that there is nothing to preclude any Minister consulting the Oireachtas on regulations and matters therein before they are introduced. It is regrettable that the Minister for Health has chosen not to avail of that opportunity, particularly when many of the regulations that are being proposed now concern matters that have been under consideration in the Department for four, five or six months, including, for example, public houses or movement. The powers are too broad but notwithstanding that the Oireachtas can still be consulted and it should be consulted.

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