ICCL sends briefing on new legislation to Oireachtas

3 December 2021

Ahead of an emergency Cabinet meeting on COVID-19, and following new advice from NPHET and new legislation rushed through the Dáil, ICCL sent a briefing to all Oireachtas members.

In it we raise four primary concerns with these two Bills:

1. The rushing of these Bill through the Oireachtas once again undermines proper democratic processes. These Bills contain provisions for significant interferences with fundamental rights by extending emergency legislation on restrictions and providing for mandatory hotel quarantine (MHQ). Legislation which impacts rights should undergo additional parliamentary scrutiny, not less.

2. Sunset clauses in emergency legislation are meaningless if they are renewed with no detailed review of the legislation’s effectiveness and impact on rights. All future extensions of legislation must provide for robust analysis and in-depth scrutiny.

3. All restrictions on rights need to be grounded in strong evidence proving they are necessary, proportionate and constitute the most minimal interference with rights possible.

4. Mandatory Hotel Quarantine raises discrimination, equality and ill-treatment concerns and should be only reintroduced if there is evidence that it is effective and that sufficient safeguards are introduced to ensure human rights are protected.

ICCL can only carry out this kind of work with the support of our members, which allows us to be 100% independent of government. Thank you.