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 Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail) | Oireachtas source

In the earlier session we talked about a European co-operative model for the second wave, or indeed for another pandemic. If that were to happen, certainly there is learning to be had, not only by Ireland but other member states across Europe, to ensure there is a uniformity of approach. As the witness has said, there is already legislative cover there, and to be complicit with it is really important if we are to face a similar situation in the near or distant future.

I refer to the particular submissions made by Ms McDonagh and Ms Gibney. In their introduction, they raised the gaps in the State's legislative framework. In particular, they highlighted legislation that is close to my own heart, the Assisted Decision-Making (Capacity) Act 2015, and indeed also the Mental Health Act. Could they elaborate on that? The second element to which I refer is on page 2 of the witnesses' submission, namely, the adequacy of the State's legislative framework in its response to the pandemic. Could the witnesses broaden out on those two points for me?

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