Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Legislative Framework Underpinning the State's Response

Mr. Joseph O'Sullivan:

As we said in our written submission, the legislative framework, namely, primary legislation followed by regulation pursuant to it, seemed to be effective in bringing in emergency and important measures that were communicated to people. The question as to proportionality is ultimately a matter for the courts to determine in any particular challenge. It will depend on the circumstances in which any such challenge is made as to whether the regulations and measures are found to have been proportional.

Coming back to our initial point, while many areas of public life were effectively not able to work during the period of the pandemic, the courts were operational and did work. That was very important in the sense that any issue about proportionality or any challenge to the legislation or regulations could be brought before the courts, as did happen in the one High Court challenge there has been to date. It was important in terms of Ireland's response to the legislative framework and within that framework that the courts were available and continued to be so. It was very important and in that sense the Irish response was very effective.