ICCL has been closely monitoring the restrictions on human rights and fundamental freedoms since the Covid-19 pandemic reached Ireland.
12-18 April
As mandatory quarantine became more and more contested, ICCL kept the pressure on calling for human rights standards to apply to the detention centres.
The Tánaiste made supportive remarks on the viability of vaccine passports, which ICCL immediately challenged.
5-11 April
As the issue of vaccine passports continued to grow legs, ICCL increased pressure on government not to introduce them. ICCL supports the vaccine rollout by consent – not by coercion.
We spoke to RTE to oppose the use of vaccine passports by employers and schools, as well as most of the major national news outlets. We said principles of trust, solidarity, and consent – all essential to the vaccine rollout – would be utterly undermined by mandatory vaccination. There would also be serious issues under equality and data protection laws.
ICCL’s Doireann Ansbro spoke to Matt Cooper on Today FM about the lack of democratic procedures and human rights principles in the roll-out of emergency legislation to deal with Covid-19. This was also something we highlighted in our wide-ranging report to the UN’s Universal Periodic Review process.
29 March – 4 April
Ahead of a Cabinet meeting and announcement on potential loosening of Covid-19 restrictions, ICCL contacted all TDs and Senators to ensure a human rights based approach to the restrictions. In particular, we called on the Government to consider the right to protest, right to freedom of religion, and the right to private and family life – all of which have been hugely restricted during the pandemic. We spoke to media to elaborate on the call.
We also called on Government to ensure mental health assessments are carried out for people in mandatory quarantine, and to clarify if it is offering detainees mental health support.
Full report 29 March – 4 April
22-28 March
This week, ICCL again appeared on RTE’s Six One News voicing our concerns about the mandatory quarantine system – in particular the need for inspections.
We also provided comment on the EU wide digital green travel certificate – the vaccine passport. ICCL spoke to media on the need for further details from the EU in order to appreciate how issues of privacy and discrimination will be avoided. We said this could slow down the vaccine rollout and have long term consequences.
15-21 March 2021
To start this week, ICCL co-signed a letter to the Irish Times on the impact of the Covid-19 pandemic on women.
As the week went on, ICCL wrote to the Minister for Foreign Affairs, calling for a ban on the use of covid-19 vaccine passports within Ireland. A covid-19 vaccine passport system would have a serious effect on human rights, including equality and bodily integrity. We spoke to media about our call.
ICCL called for an end to the blanket ban on protest, and we urged people to research the organisers of protests they attend. We reiterated our call for pandemic-safe guidelines to media, including on the Six One News.
8-14 March 2021
This week we spoke to RTE on the Passport’s Office’s decision to pause passport applications in level 5. Passports are needed for identification and access to certain services as well as travelling. It’s an essential service that must be provided, despite restrictions.
1-7 March 2021
This week we again wrote to the Minister for Justice, calling on her to issue guidelines for protesting safely during the lockdown. We provided statements to the media on how the right to protest could be protected not curtailed.
We highlighted that a mandatory Covid-19 vaccine passport could lead to discrimination and data protection issues.
The Covid-19 pandemic has showcased the need for human rights inspections in residential institutions and care homes. We launched a campaign for such inspections this week.
We wrote to the Minister for Health to endorse the recommendation in the Irish Human Rights and Equality Commission Report on Ireland’s emergency powers during the Covid-19 pandemic.
22-28 February
Government attempted to steamroll the mandatory quarantine legislation through the Dáil. This is an affront to our democratic system of law making. We contacted all TDs and Senators with a briefing about the human rights dangers of the Bill so that they could challenge it.
A Bill that could significantly impinge on our fundamental rights requires thorough, effective scrutiny, and a valid proportionality assessment as required by our Constitution and human rights law. Rushing the Bill through the Oireachtas deprives the people in Ireland of a key safeguard against a disproportionate interference with our rights. Read our briefing on mandatory quarantine.
We also continued to campaign for a human rights test for every single piece of legislation the government introduces to restrict rights.
15- 21 February
Ahead of the announcement of the Living With Covid strategy, we released a statement calling the decision-making process deeply dysfuntional, and calling for human rights tests on every restriction.
ICCL’s Executive Director Liam Herrick writes in the Examiner that the government strategy, in line with best practice social science research, needs more carrot and less stick.
We were in the media discussing vaccine passports and associated problems again this week.
8-14 February
Among the many scapegoats for the government’s poor response to the third wave of the pandemic have been the vaccine-reluctant. This week, stories circulated of healthcare workers who would not get vaccinated, despite reports that uptake was actually at around 90%. ICCL director Liam Herrick spoke to RTE’s Claire Byrne emphasising that the real issue was access to vaccines for healthcare workers. He cautioned against scapegoating individuals who have a right to refuse medical treatment.
1-7 February
ICCL flagged the dangers of thermal cameras in apartment complexes, which would supposedly deal with outbreaks of Covid.
And we won’t give up flagging our concerns about the effectiveness of the HSE app.
We continued to campaign for more supports instead of fines.
25-31 January
When there were suggestions that gardaí might be expected to police gatherings in the home, we came out against it.
This week we spoke to Morning Ireland about human rights safeguards for mandatory quarantine.
18- 24 January
On 19 January 2021, following a reignition of the public debate on mandatory quarantine, ICCL wrote to Health Minister Stephen Donnelly to outline for him the obligations on government to ensure any quarantine would respect rights. We copied the health spokespersons of all the political parties.
It is first and foremost very important that government makes an evidence-based argument when it breaches our fundamental rights in this way. Where it is deemed necessary, it is vital that government puts in place adequate safeguards for those who are detained.
We spoke to media outlets across the nation about this letter.
11-17 January
This week people were arrested for practising their religion. We continued to campaign for pandemic-safe guidelines for fundamental rights such as religion and protest under level 5 restrictions:
We continued to criticise the new fines, and to call for supports to help people stay at home instead.
1-10 January
The country was back to level 5 lockdown, and ICCL was back campaigning for positive supports to help people stay at home, not fines.
2020
Week One: 13 – 20 March 2020
On 13 March, the Taoiseach closed schools and advised anyone who could work from home to do so. On 18 March, emergency legislation was rushed through the Oireachtas to deal with the pandemic. ICCL, through media and advocacy work, ensured a sunset clause of 9 November on this unprecedented piece of legislation.
Update 1: ICCL secures sunset clause in emergency legislation
Week Two: 21 – 27 March 2020
On 24 March new measures were announced. People were asked to stay at home except if they were an essential worker. Businesses, sports clubs and religious organisations were all shut. People were asked to limit their close contacts to a handful of people. ICCL welcomed the broad range of supports brought in to support people affected by these restrictions, including the pandemic payment, rent freeze and the ban on evictions.
Update 2: ICCL analysis of more legislative changes
Week Three: 28 March – 3 April 2020
As the restrictions continued, people were asked to stay at home except to shop for essential items, exercise within 2km of home, or travel to essential work. ICCL continued our call for human rights to form the response to the pandemic. We were particularly loud about the need to protect at-risk communities.
Update 3: ICCL calls for special protection for at-risk communities
Week Four: 4 – 10 April 2020
This week marked a significant departure in the government response to the pandemic as garda powers of arrest and detention were introduced on 8 April. We called on gardaí to avoid using these draconian powers. We also called for a human rights analysis to determine if these powers were necessary or proportionate.
Update 4: ICCL opposes the move from policing by consent to policing by force
Week Five: 11 – 17 April 2020
Having originally been introduced for just four days, the garda powers were extended without fanfare. We called for figures on the use of these powers to be published, and used to analyse whether a further extension would be necessary.
Week 5: ICCL calls for analysis and debate before any extension of powers
Week Six: 18 – 24 April 2020
Difficulties with the garda enforcement powers became more apparent, as protests across the country were met with very different responses from police. This week ICCL launched our call for a Human Rights Impact Assessment to identify the groups most at-risk not just from the pandemic but also from the restrictions and garda powers.
Update 6: ICCL calls for protection for protesters and at-risk groups
Week Seven: 25 April – 1 May
We wrote to the Garda Commissioner about a number of serious issues we identified, including armed gardaí at checkpoints and introduction of spit hoods. We also joined forces with data protection experts to demand transparency from the HSE on the imminent contact-tracing app.
Update 7: ICCL writes to gardaí and HSE
Week Eight: 2 – 8 May 2020
Reports emerge of people being locked into a Direct Provision centre at Cahersiveen. Garda powers of enforcement are extended without publication. Work continues apace on the HSE’s contact-tracing app, without publication of any data protection assessment.
Update 8: ICCL continues to fight all corners
Week Nine: 9 – 15 May
As the country slowly began to reopen and an Oireachtas Committee was established to look at the response to the pandemic, ICCL kept pressure on regarding garda powers, at-risk groups, and the contact-tracing app.
Update 9: ICCL directs advocacy work to Oireachtas
Week Ten: 16 – 22 May
As renewal of the garda regulations were once again shrouded in secrecy, we called on Minister Harris to show evidence of the necessity, proportionality and legality of the measures, as required by human rights law. We wrote to the Minister separately about the HSE contact tracing app.
Update 10: ICCL calls for first principles of human rights law to be respected.
Week Eleven: 23 – 29 May
Having never seen any test to show necessity, proportionality or legality of the garda powers, we strengthened our call for them to be ended in phase two of reopening. We monitored the Oireachtas Committee as they discussed nursing homes and Direct Provision. And we asked hard questions about the introduction of mandatory passenger locator forms at points of entry.
Update 11: Renewed and strengthened call for an end to garda powers of enforcement
Week Twelve: 30 May – 5 June
We published 9 principles that the HSE contact-tracing app must adhere to in order to protect rights. We raised our voice ever louder in calling for an end to garda powers and began to see some real political traction. We supported the leaders of the Black Lives Matter protests when they were threatened with prosecution.
Update 12: Political advocacy begins to bear fruit
Week Thirteen: 6 – 12 June
Once again under cover of darkness, the new garda regulations were introduced. But this time it was good news! Garda powers of enforcement (arrest) for movement had been removed – something ICCL had been advocating for all along. Worryingly for protesters, it could still be a crime to organise a gathering of more than 15 people.
Update 13: Garda powers of enforcement removed!
Week Fourteen: 13 – 19 June
ICCL met with the Minister for Health and raised a number of issues with him, including the contact-tracing app; the need for better data regarding people who are at-risk and consideration of human rights while legislating.
Update 14: ICCL meets Minister for Health
Week Fifteen: 20 – 26 June
Together with Amnesty, we wrote to the Garda Commissioner about spit hoods – again. We hosted a webinar on the contact-tracing app, and welcomed the publication of the app’s DPIA before launching, as we had called for.
Update 15: ICCL hosts webinar on contact-tracing app
Week Sixteen: 27 June – 3 July
ICCL gives the contact-tracing app a C+. We outline our specific concerns about privacy, efficacy, necessity, and proportionality.
Update 16: Contact-tracing app gets a C+ from ICCL.
Week Seventeen: 4 – 10 July
In the week that the HSE finally launched its contact-tracing app, and it was downloaded by almost a million people, our concerns about privacy and efficacy received extensive media coverage.
Update 17: ICCL highlights privacy and efficacy concerns with HSE app
Week Eighteen: 11 – 17 July
As mandatory quarantine continues to be discussed, ICCL highlighted the difficulties with such a system from a human rights perspective.
Update 18: ICCL concerned at calls for mandatory quarantine
Week Nineteen: 18 – 24 July
As the covid-tracker app continues to be rolled out, we express our concern at the technology into which the app sits, which sends personal information to google every six minutes.
Update 19: ICCL concerns about tech underlying covid app
Week Twenty: 25-31 July
It emerges that the Department of Social Protection have cut hundreds of people off from the Pandemic Unemployment Payment (PUP) because they have been abroad. ICCL objected in the strongest terms and by the end of the week the government had performed what it called a U-turn and said people travelling to green list countries would not be cut off. Nonetheless, many worrying discriminatory provisions remained.
Update 20: Government u-turn on PUP following ICCL concerns
Week Twenty-One: 1-7 August
ICCL reiterated our call for a human rights assessment to protect vulnerable groups. We also hosted a webinar on data protection in a post-pandemic world.
Update 21: ICCL again calls for protection for at-risk groups
Week Twenty-Two: 8 – 14 August
ICCL highlights difficulties for people living in Direct Provision.
Update 22: Direct Provision still of serious concern
Week Twenty-Three: 15-21 August
The week of Golfgate. And, amidst growing case numbers, it was suggested that garda powers would be reintroduced. ICCL loudly opposed the move. This week it also emerged that the Department of Justice was monitoring the social media accounts of activists, including ICCL, who are against Direct Provision.
Update 23: Government moots reintroducing garda powers
Week Twenty-Four: 22-28 August
This was the week where government suggested giving gardaí powers of enforcement to limit gatherings in the home to six people. ICCL strongly opposed the move and government was forced to row back
Update 24: ICCL successfully opposes garda powers on gatherings in the home
Week Twenty-Five: 29 August – 4 September
Entering surreal territory, government introduced legislation requiring “dry pubs” and restaurants to keep receipts regarding customers’ meals for 28 days. ICCL called out the invasion of privacy, and we demanded to see the tests for the necessity or proportionality of the measure. Amid the public outcry, the Health Minister is forced to clarify a number of points.
Update 25: ICCL decries new legislation which invades privacy without good reason.
Week Twenty Six: 5-11 September
This week, ICCL’s Liam Herrick & Doireann Ansbro took part in the Oireachtas Special Committee on COVID-19 response session on human rights & civil liberties considerations, making 7 recommendations to improve human rights protections in the State response to the pandemic. We also queried the powers used by gardaí in the arrest of Debenhams protesters on 9 September. Our opposition to spit hood use was covered by the Sunday Business Post.
Update 26: ICCL appears before the Special Oireachtas Covid-19 response Committee
Week Twenty Seven: 12-18 September
This week saw the government unveil a 5 level plan for living with COVID-19 for the next 6-9 months. To much confusion, Dublin was initially placed on level 2 with the rest of the country before being reclassified at level 3 by the Taoiseach in a live televised address to the nation on Friday evening from midnight. In response to the Policing Authority report which found that spit hoods had been used on children of unconfirmed age & on people with perceived mental health issues, we issued a joint press release with the Children’s Rights Alliance calling for cessation of their use, which is currently under review by An Garda Síochána. Our concerns at violence at far-right demonstrations remain unaddressed and, at this point, we are still awaiting a response to our 22 August letter to the Garda Commissioner. Our Policy Officer Olga Cronin moderated a webinar on the use of facial recognition technology at protests on Thursday.
Update 27: ICCL and Children’s Rights Alliance call for an end to use of spit hoods
Week Twenty Eight: 19-25 September
Dublin and Donegal were placed on level 3 this week with regulations in effect until 10 October. At this level event organisers (with more than 50 people indoors and 100 people outdoors in attendance) can be fined up to €2,500 and/or face imprisonment of up to six months. Donegal is to remain at level 3 until 18 October. This week, ICCL wrote to the Taoiseach calling for the retention of advances made during the pandemic in terms of economic and social rights protections, and to the Chair of the new COVID oversight Committee reiterating our recommendations to the Special Oireachtas Committee on improving the State COVID- response from a human rights perspective. This week also saw The Irish Times view article echo our view that spit hoods should be dropped from the garda kit.
Update 28: ICCL calls on government to retain pandemic protections for economic rights
Week Twenty Nine: 26 September-2 October
While we were encouraged by Garda Commissioner’s expressed commitment to the principle of engagement over enforcement and the sparing use of powers this week also saw the publication of garda figures showing that over a quarter of gardaí are armed. During the pandemic, we received numerous reports on the presence of armed gardaí at covid checkpoints and repeatedly called for public debate on this issue. Social media footage of young people congregating in university towns have been the subject of much public and media criticism this week. ICCL questioned the necessity and appropriateness of the calls for using the criminal justice system to enforce public health measures.
Week Thirty: 3-9 October
The entire country joins Dublin and Donegal on level 3 from midnight on Tuesday until 27 October, following much public concern on the back of leaked NPHET recommendation of a move to level 5. We welcomed the inclusion of some our recommendations in the Oireachtas Committee’s Final Report, including that all legislation should be human rights proofed, the importance of broad Oireachtas pre-legislative consultation, and of clear and effective government communication. The week culminated with the decision by the Cabinet Covid-19 sub-committee to introduce graduated fines for non-compliance with movement restrictions. We oppose the introduction of fines on the basis that they are ineffective, disproportionately impact the poor and expensive to administer.
Update 30: Oireachtas Covid Committee refers to many ICCL recommendations in its final report
Week Thirty One: 10-16 October
Taoiseach Mícheál Martin announces a nationwide ban on household visits and level 4 restrictions for border counties. This follows the decision by the Northern Ireland Executive to close schools for two weeks and bars and restaurants for four weeks. The government will consider NPHET’s latest recommendations (including a nationwide move to level 5) and An Garda Síochána are set to roll out a high-visibility policing operation to encourage people to remain within their county borders.
Week Thirty-Two: 17-23 October
This week, the whole country was moved to level 5 for six weeks (until 1 December). Regulations giving effect to the level 5 5km movement restriction came into operation before they were published. Movement restrictions are penal provisions, so this marked a concerning departure from the change in approach to enforcing restrictions initiated on 8 June. We set out our opposition to the government’s plan to introduce a tiered fines system for covid-related breaches in letters to Oireachtas members. This week also saw the government plan to hold an alarmingly short debate on the emergency legislation revised. It is concerning that the government had not allocated sufficient time for due scrutiny of legislation which has such far-reaching implications for our fundamental freedoms.
Week Thirty-Three: 24 – 30 October
Over the bank holiday weekend, President Higgins signed the The Health (Amendment) Bill 2020 into law, which allowed for a fines system to be introduced. There has been much public confusion as to whether or not on-the-spot fines can now be issued by the gardaí for breaches of particular public health guidelines. It is understood that the regulation drafting process is still ongoing. We at the ICCL have called for draft regulations to be published in advance and for them to be submitted to the Oireachtas for scrutiny, in line with the ordinary law-making process.
Week Thirty-Four: 31 October – 6 November
The debate on the prospect of mandatory quarantine has been reignited in light of the imminent new EU traffic light travel system and NPHET advice counselling people not to travel at all. We believe the government’s decision not to introduce mandatory quarantine for arrivals is prudent. We have expressed alarm at media reports that the extension of garda enforcement powers by up to 8 months is under consideration. These reports fit with a worrying trend of normalising emergency powers by dispensing with short time frames. We also wrote to the Department of Health asking a number of detailed questions concerning the Covid Tracker app’s efficacy.
Week Thirty-Five: 7-13 November
This week, we again called for an end to the use of spit hoods by An Garda Síochána. This was in light of the publication of the Northern Ireland Policing Board’s recommendation that they no longer be used by the PSNI. We also highlighted the revelations that emerged in the media this week that HIQA, the national health service regulator, had raised concerns with the Health Service Executive in October that private nursing homes were experiencing significant difficulties.
Week Thirty-Six: 14-20 November
We released a press release outlining our concerns in response to the Health Minister’s expressed intentions to afford gardaí additional powers to fine people for drinking in groups outdoors. Although these plans were subsequently abandoned, this knee-jerk approach to policy-making is an ongoing cause for alarm and gives rise to much public uncertainty. We at the ICCL have consistently called for better processes in relation to the drafting of regulations, including greater transparency in decision making and clearer messaging to the public.
Week Thirty-Seven: 21-27 November
Our letter, outlining three straightforward steps to improve the State covid response, was published in The Irish Times Saturday paper. This letter was signed by leading legal experts and civil society colleagues. This week also saw the Minister for Health sign regulations introducing a fines system. We have opposed the introduction of this system of fines since it was first mooted in early October. On Friday evening, Taoiseach Martin announced an easing of restrictions for the Christmas period from 2 December, including allowing inter-county travel between 18 December and 6 January.
Week Thirty-Eight: 28 November – 4 December
This week we wrote to An Taoiseach and Minister Donnelly highlighting the points raised in our letter to The Irish Times in relation to the State response to Covid. We also discussed the prospect of a mandatory vaccination policy in Ireland and the implications for our human rights on flagship radio programmes.
Week Thirty-Nine: 5-11 December
ICCL celebrated Human Rights Day (10 December) with a webinar hosting experts from various fields including behavioural science, law and migrant rights. The discussion centred around the need for positive, hope-based policy and communications from government.
ICCL contributed to a comparative report on government response to right to protest during Covid.
Week Forty: 12-18 December
On 17 December, ICCL met with Minister for Justice and discussed the Covid response with her.
ICCL participated in Cork panel discussion on Equality and Covid, in particular addressing the impact on marginalised groups and need for human rights approach.
Week Forty One: 18 – 31 December
ICCL receives reply from Taoiseach in response to our letter on economic, social and cultural rights during the pandemic
We can’t do this without you. Please consider joining ICCL.