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. Ken Murphy:

I will respond to the comment from Deputy Durkan on common sense. It is an old joke but it is still true that the problem with common sense is that it is not all that common. Common sense can only be based on information. It depends on what information people are given so that they can make a judgment which they instinctively feel is a common-sense judgment. As Dr. Kenny correctly says, the law must underpin that ultimately because common sense will not be followed by everyone. We have all seen the circumstances where common sense has been flouted. That is where law comes in. It is to ensure some certainty.

The question of direct provision was raised. Again, I agree with the others. The reason there was such stunned silence from this room following the question is because we are not used to being asked such questions. It really is a matter for legislators. It is for those in the Seanad Chamber, not those in this room, to work out how direct provision can be ended. Deputy Boyd Barrett welcomed the Law Society of Ireland's submission. We have welcomed the commitment in the programme for Government to end direct provision.