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The Government\u2019s failure to properly communicate its Covid-19 public health message has been described as an \u201cabuse of power\u201d.<\/p>\nThe Government\u2019s failure to properly communicate its Covid-19 public health message has been described as an \u201cabuse of power\u201d.<\/p>\n
TCD law professor Dr David Kenny told an Oireachtas committee that public health guidelines had confused members of the public.<\/p>\n
He was one of a number of academics, legal experts and civil society groups before the Special Committee on Covid-19 response on Wednesday that criticized the Government\u2019s response to the pandemic.<\/p>\n
\u201cIt was unclear to those \u2018cocooning\u2019 in the most severe period of movement restrictions if they were legally required to stay in their homes; they were not,\u201d Dr Kenny said.<\/p>\n
\u201cIt has been heavily implied in several instances that the requirement to isolate for 14 days after travel is a legal obligation; it is not, and never has been.<\/p>\n
\u201cIt might be thought in some quarters that this is a useful strategy for ensuring compliance with public health advice, as people will be more likely to comply if they think they are legally obliged to do so.<\/p>\n
\u201cBut such a strategy raises serious rule of law concerns, and has real costs.<\/p>\n
\u201cIt confuses members of the public; erodes public trust in communication about the law; and is an abuse of State power, implying a legal threat that does not exist.\u201d<\/p>\n
Law Society of Ireland president Michele O\u2019Boyle told the committee that the Government\u2019s communication of public health restrictions \u201cfell short\u201d on some occasions during the pandemic.<\/p>\n
\u201cWhile the situation facing the State in March was unprecedented, when interfering in the fundamental rights of citizens, the least intrusive approach possible which achieves the required result should always be chosen,\u201d she said.<\/p>\n
\u201cIt 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 legal obligations placed on individuals.<\/p>\n
\u201cOn some occasions, the communications around restrictions fell short of providing such certainty because the extent and application of those restrictions was unclear.\u201d<\/p>\n
She raised concerns over the use of garda powers to ensure people complied with Covid-19 measures.<\/p>\n
\u201cThe advisability of using policing as a means to ensure compliance with public health guidelines should be extremely carefully considered,\u201d Ms O\u2019Boyle told TDs and senators.<\/p>\n
\u201cIn general terms, we would caution against introducing powers normally reserved for the investigation of serious criminal offences for the purposes of enforcing what are, at their core, health regulations.\u201d<\/p>\n
Doireann Ansbro of the Irish Council for Civil Liberties also raised concerns about the restriction of individuals\u2019 rights in the government\u2019s emergency legislation.<\/p>\n
She said it was important that there was more guidance around what constitutes a lawful reasonable excuse for not observing restrictions.<\/p>\n
\u201cA situation where people are uncertain about what guidelines are legally required or what behavior is or isn\u2019t now illegal is simply untenable.<\/p>\n
\u201cLaws must be published in advance and government must be very clear about what is a law and what is not.\u201d<\/p>\n
She described last week\u2019s pub grub regulations as \u201cunnecessary and inappropriate\u201d.<\/p>\n
\u201cIt\u2019s clear the human rights tests of necessity and proportionality have not been applied to these regulations and if they had they would not have been met,\u201d she said.<\/p>\n