Oireachtas Joint and Select Committees
Wednesday, 9 September 2020
Special Committee on Covid-19 Response
Covid-19: Legislative Framework Underpinning the State's Response
Ms Maura McNally:
I thank Deputy Durkan. I will jump in here; I might as well. Again, it will sound as if I am going over old ground from the perspective of the Bar of Ireland but direct provision is a system that has been brought into effect under statutory provisions and primary legislation, namely, Acts and statutes. The checks and bounds on that are via local government Acts, for example, and also through the Legislature, that is, the Dáil and the Seanad. Our role would only come into play if an individual brought a constitutional challenge. We would bring a constitutional challenge if briefed so to do. In the context of the how a system should be put into place or what should be involved in the statute - the primary Act - or the statutory instrument, that is not for the Bar of Ireland to dictate or anything of that nature. It is an Oireachtas issue and also, possibly, an issue at local government level. I will defer to my colleagues here.