Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Human Rights and Civil Liberty Considerations

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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On the introduction of regulations, the first session this morning included a former judge of the UK Supreme Court, Lord Sumption, and the president of the Venice Commission of the Council of Europe, Dr. Gianni Buquicchio, both of whom agreed as a matter of rule of law that it would not be possible to enforce a regulation before it was published. There was a considerable delay even when a regulation was announced with great fanfare at a press conference by the Minister or indeed on prime time television, the "Late Late Show" or wherever.

Does Mr. Herrick agree that somebody could not be prosecuted for breaching a regulation in circumstances where it had not been published? Does he have any concerns about the manner in which regulations were published or not published?