19 May 2021
Yesterday Cabinet announced they would seek an extension to the emergency covid legislation until 9 November. This is the bedrock law that allows for restrictions such as stay-at-home orders, mandatory quarantine, and bans on events. The Irish Council for Civil Liberties (ICCL) is calling on Cabinet to act democratically: to allow for proper Oireachtas debate on the Act, and to conduct a proper, human-rights based review before any such extension.
There are two parts to our call. Government must allow time for a meaningful democratic debate on this in the Oireachtas – we suggest they start immediately in advance of the 9 June deadline. Secondly, there must be a rights-based review of what is and isn’t working in the legislation to ensure restrictions on rights don’t go too far. This is required by human rights law. It may turn out that, for example, a one-month extension might suffice or that blanket restrictions on rights should never be allowed, if they are not necessary.
ICCL’s Head of Legal and Policy, Doireann Ansbro, elaborated:
“This is one of the most draconian pieces of legislation our State has ever seen. And while most of us accept it was necessary to rush it through in March 2020, June 2021 is a different time. We have learned lessons and we must apply those lessons in law. We cannot set a precedent where government can continue to grant itself powers like these without first meaningfully bringing them before the people – via our elected representatives in the Oireachtas”.
Last year, government also rushed through a renewal in early November. There was little democratic debate, no legal analysis, and no human rights review. This time, in the absence of a State analysis, ICCL has contacted all members of the Oireachtas with our analysis of the legislation.
In our analysis, we identify a need to roll back expanded Garda powers, ensure the Minister for Health has to consult with the State’s human rights body before he legislates for human rights restrictions, and to demonstrate on each occasion that restrictions on our rights are actually necessary and as minimal as possible.
ENDS/
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 or Doireann Ansbro
For media queries: sinead.nolan@iccl.ie