Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Legislative Framework Underpinning the State's Response

Lord Sumption:

Chairman, I think perhaps I can answer that question. For the countries within the Schengen area, the restrictions ended in principle on 15 June of this year. The restrictions as regards relations between the Schengen area and non-members of the European Union came to an end on 6 July. In both cases, that was without prejudice to the right of individual states to introduce new restrictions if they thought it necessary.

As to your main question as to whether this should be embodied in law or whether it is enough that people are disciplined for failing to accept Government advice, my answer is the same as that of the last witness. It seems to me to be fundamental that it should be embodied in law, not just under the European Convention but also as a matter of basic constitutional propriety under a common law system such as both the United Kingdom and Ireland have. Civil servants are citizens as well as employees of the Government. Where they choose to go on holiday belongs very much to their private lives as citizens.

I would answer the question by saying that a legal basis for restrictions on where they can travel is absolutely indispensable.