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 comment on that. The New Zealand principle that regulations are clear and the text is settled and promulgated ten days in advance of them coming into effect is a wonderful proposition.

There is a risk of the best being the enemy of the good. This is a fast-moving and fast-evolving situation. I have some sympathy for Governments that have to act on evidence and make decisions relatively quickly and announce them quickly. Deputy Colm Burke appeared to have a particular instance in mind in the example he gave. If an entity has a concern as to whether or not it is going to be compliant it will, of course, look to its representative body but it may also have an obligation to look to the law and public announcements about the law. It is difficult to keep up with the number of changes that are taking place and also - this goes to our thematic submission in regard to legal certainty - to distinguish between what is law, what is guidance and what is somebody's opinion. The traditional view that the law takes is that ignorance of the law is no defence.