Martin Kenny (Sligo-Leitrim, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

My thanks to both of our witnesses. My name is Martin Kenny. I thank both Mr. Buquicchio and Lord Sumption for their time this morning in assisting us in all of this.

I read the submissions the witnesses made before the meeting and I have listened to them speak. One of the things that comes up clearly is the issue of emergency legislation that has come in relating to the pandemic which is about restricting people's freedoms. Most things that have happened in the second half of the last century and the early part of this century have related to expanding people's freedoms, allowing people more freedom and trusting people more in society to do things and to be competent and responsible.

However, this particular pandemic has brought us to a situation where we are reversing slightly. It has been the case in this jurisdiction for a long time that before a law is made there is deep and proper scrutiny of it. The pre-legislative scrutiny mechanism here is carried out by the committees of the Oireachtas. Where a law is proposed, it is first considered by a committee. In this case, it would be a matter for the health committee and, possibly, the justice committee to scrutinise it. Various people with expertise of various kinds would appear before the committee and give their opinions and views on it such that there would be a well-informed choice made by everybody before the law would progress. I would imagine a similar type system exists in most European countries and in the UK as well. We have had an emergency and, therefore, we have suspended the pre-legislative scrutiny model of doing things but it has been, to some extent, partially replaced by this committee in that it has been doing an element of post-legislative scrutiny with the assistance of many witnesses and international expertise, including that of our witnesses here today, being brought to bear on various issues over the past number of months.

On the concept of post-legislative scrutiny, is there a necessity to do it in a more formal, organised and constructive manner as we move forward, particularly in the case of legislation which is quite draconian in many aspects, is clearly seen as such and in normal times would be legislation which all parliamentarians would rail against? We are in extraordinary times and I believe that we need to be looking at these matters in depth. I would welcome the views of our witnesses on what mechanism should be put in place to ensure that happens even in the aftermath of the current crisis.