Professor Caroline Fennell:

On the issue of sunset clauses and review, we are strongly of the view there should not be automatic renewal for long periods of time of this type of emergency legislation. On the point made with regard to the tendency of such emergency legislation to continue, it has been our experience, in this jurisdiction and others, that if you have emergency provisions or temporary arrangements which are outside the norm or expand powers of the State, that tends to persist, unfortunately. It is enormously important we review and keep accountable those powers and that they cease when no longer necessary.

On this occasion, it would have been preferable if the latest extension had not been for so long. There needs to be a position taken that an emergency is for a limited period of time. There has to be justification and accountability with regard to the use of those powers. There also has to be a period of time - a sunset clause - when those powers disappear, and that they do not persist and are not transferred into the system ordinary. This was an emergency situation. We may have others. This may not be the last pandemic. This may not be the last extreme situation we have to face. It is in extremiswe demonstrate our commitments to human rights and equality. That is where IHREC has pointed out that, on occasion, the State has been found wanting.