Oireachtas Joint and Select Committees

Tuesday, 22 June 2021

Joint Oireachtas Committee on Justice, Defence and Equality

Civil Liberties during the Covid-19 Pandemic: Discussion

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail) | Oireachtas source

I thank the deputy Commissioner. We have now heard all the opening statements. I will open the discussion up to members who will put questions to our guests. We will have some discussion and go around the table. We will try to get every member in once and we may go around again, time permitting.

I will get the ball rolling with a couple of questions. I might direct a question to one or other of our guests but if others wish to express a view, they should feel free to do so. I noted that Mr. Herrick spoke about how these are public health regulations and should be moved out of the realm of criminal behaviour and into the public health sphere. Ms Cunningham echoed Mr. Herrick's tone. She made the interesting point that when her members were enforcing regulations, lines became blurred because these are seen as Garda regulations as opposed to health regulations. That is an interesting observation. I am not sure how else it could have been done. We have many regulations in many sectors and Departments, some of which fall to the Garda, our law and order authority, to enforce. How could they be decriminalised? Should there not be some sanction involved? What should happen if somebody breaks the law by holding a public gathering, refusing to wear a mask or doing something more serious? If somebody persists in offending behaviour without good reason, do we not need the force of criminal law to intervene? How else might we tackle that? Mr. Herrick might like to come in first and Ms Cunningham may also wish to answer.

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