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 did not hear the submissions referenced by the Chairman so I do not have the benefit of them. In principle, it is consistent with the theme of much of what we have been saying here. As mentioned in our submission, there is a requirement under Irish law, EU law and the European Convention on Human Rights that there should be certainty as to the nature of obligations placed on individuals by law. In the absence of such certainty and the absence of the availability of information in regard to that law, clearly an argument can be made if the law has not been promulgated and made transparently available for people to access. The principle that ignorance of the law is no defence is still a long-established principle of law.