29 June 21
Equality cannot be abandoned during emergencies, according to the Irish Council for Civil Liberties (ICCL). The organisation was responding to suggestions that indoor dining may be reopened for vaccinated people only.
ICCL’s Executive Director Liam Herrick said:
“We’ve seen throughout this pandemic how it differentially impacts on people living in congregated settings, older people, women, and other groups. Rather than creating another division as we re-open society, government should be concentrating efforts on getting the vaccine to everyone who needs it.”
ICCL highlighted that An Taoiseach Mícheál Martin had previously ruled out the idea of domestic vaccine passports, citing concerns for civil liberties. Indeed, Government representatives previously confirmed to ICCL that there was “no plan to roll out or to use ‘vaccine certificates’ other than to facilitate international travel.”
To reverse its own position so drastically, Government would have to conduct a full human rights impact assessment of any such system and determine the impact it would have on rights such as privacy, data protection, bodily autonomy, movement and equality. It would also need to consider the possible impact of such a measure on public solidarity and support for the vaccine programmes.
Mr. Herrick stated:
“Any such system would introduce discrimination in access to goods, services, and potentially employment. There are many people who cannot or will not take, or have not yet had access to, a vaccine. This includes young people who may be employed by the hospitality industry. Will they be permitted to work in establishments they will not be permitted to dine in? How can an establishment be safe to work in but not to eat in? The rationale for such an approach from a public health perspective is unclear.”
Significant privacy and data protection concerns also arise. Last week the Data Protection Commission said there was “no clear legal basis” for employers to ask for the vaccination status of their staff. The European Data Protection Board has also said that if a member state uses the EU Covid-19 Certificate for further uses at a domestic level “this may lead to unintended consequences and risks to the fundamental rights of EU citizens”. In addition, there is the danger of mission creep. Once such a system is established there is the real danger of discrimination on health status being extended.
In this context, ICCL supports the Restaurant Association of Ireland position that the proposal would be “unworkable and not legal”. There are serious concerns as to how any pub or restaurant could effectively police medical information.
ICCL calls on government to stop flying kites and communicate in an honest and transparent manner with the public. As part of this, we call on Government to make public the latest and all advice received from NPHET.
ICCL believes the priority for Government must be the roll-out of the vaccine programme. We fully support an equitable vaccine rollout in Ireland and globally – ICCL is a member of the People’s Vaccine campaign.
ENDS/
An Taoiseach cites civil liberties concerns re vaccine passports: https://www.irishexaminer.com/opinion/ourview/arid-40247381.html
DPC opinion on employers gathering information on vaccination status: https://www.thejournal.ie/dpc-vaccine-status-for-employers-employees-5474526-Jun2021/
Restaurant Association of Ireland position: https://www.irishtimes.com/news/health/cabinet-to-consider-proposal-to-limit-indoor-dining-to-fully-vaccinated-people-1.4606597
European Data Protection Board statement: https://edps.europa.eu/system/files/2021-04/21-03-31_edpb_edps_joint_opinion_digital_green_certificate_dcg_en.pdf
People’s Vaccine campaign: https://peoplesvaccine.ie/
The Irish Council for Civil Liberties (ICCL) is Ireland’s oldest independent human rights campaigning organisation. We monitor, educate and campaign to secure human rights for everyone in Ireland.
For comment: Liam Herrick and Olga Cronin
For media queries: sinead.nolan@iccl.ie