Oireachtas Joint and Select Committees
Wednesday, 9 September 2020
Special Committee on Covid-19 Response
Covid-19: Legislative Framework Underpinning the State's Response
Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source
I would like to ask a brief follow-up question which is relevant to the question Deputy O'Callaghan asked Lord Sumption. In Ireland we issued guidance that recommended against travelling abroad. Public servants have been penalised for travelling abroad. A constituent of mine who works in the public service in the mid-west was called in and asked to apologise for travelling abroad. He went to Spain, not to Texas or somewhere like that. He stayed within the European Union.
Very high-profile people have been penalised for travelling abroad. This is guidance, but it seems that the coercive powers of the State are being used. Public servants are being told that they cannot go against the guidance. If they do, they must take unpaid leave afterwards and may have to apologise. There is no doubt that they will be shamed. Is that in accordance with the European Convention on Human Rights? Does a restriction on the right to travel have to be pursuant to law? Can a Government simply advise people not to travel abroad, but then punish them if they do not take the advice?
Is that adequate under what is envisaged by the European Convention? I ask Dr. Buquicchio in the first instance and perhaps Lord Sumption may wish to come in.