Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Human Rights and Civil Liberty Considerations

Mr. Liam Herrick:

With regard to how we might do things going forward, I think it is a very good time to be asking those questions. Today's session is very well timed. We understand the Government is to announce changes to the overall infrastructure and approach next week. The emergency legislation expires shortly, so we will be looking at a review there as well.

First, I think we should review the operation and composition of NPHET at this particular point in time. It has served us very well, particularly in the early phases, but now we might look at examples that Ms Ansbro has referred to of other jurisdictions that have broader expertise, because the decisions now, and the areas and questions it is considering, are not just about arresting the spread of a disease. They are about much more complex considerations and we should review that. We should look at whether we can strengthen its independence in terms of how its role is clearly separated from giving independent expertise and advice, and the deliberations that Government must undertake, subsequently, to weigh up that and translate it into executive action. We need better and clearer communications from Government.

In the legislative process, which the committee has heard a lot about today, we need to have better consultation and greater transparency. If that requires more resources going to those drafting the legislation, which I think it may, we need to look at that, and certainly to put a central role back to the Oireachtas.

The Oireachtas was not sitting and functioning properly for a period of time. That is no longer the case and the Oireachtas is back now. It should be front and centre in considering any legislation, including regulations. If all those things happen, we can have a stronger level of public support and co-operation, which will help everybody.