28 April 2021
Ahead of the anticipated loosening of restrictions the Irish Council for Civil Liberties (ICCL) has said government should outline a plan for a rights-based review of the emergency legislation on which those restrictions are based.
The emergency legislation, which was renewed with almost no public debate in November, is due to lapse on 9 June. If it is to be renewed again ICCL believes it should be amended to require greater human rights scrutiny of all potential future lockdown measures. ICCL also reiterates our call for blanket bans on fundamental rights to come to an end.
Executive Director Liam Herrick said:
“Finally there is light at the end of the tunnel and better days ahead. But we all know we will not be out of the woods by 9 June. If government intends to renew the emergency legislation, it needs to open that debate now. The legislation, while it may be necessary, facilitates draconian incursions on our rights, not all of which are strictly necessary. Our elected representatives must have their say. There can be no renewal without a review.”
The emergency legislation first introduced in March 2020 allows government to ban gatherings and limit freedom of movement. These are fundamental rights which are guaranteed by our Constitution. And while the Constitution does say our rights can be limited in an emergency, it does not allow for a blanket ban.
At the moment, there are apparent blanket bans on the right to protest and the right to worship, excluding small weddings and funerals. There is confusion as to whether small protests can be allowed giving undue discretion to An Garda Síochána to decide who can and can’t protest. These are key areas where a review would offer the government the opportunity to clarify what constitutes a proportionate interference with rights. Government could also introduce guidelines for people who want to exercise their fundamental rights in a pandemic-safe manner.
ICCL will shortly produce a human rights review of all the measures taken by government during the pandemic. We will make this available to Oireachtas members to assist with a review of the emergency legislation.
ENDS/
Add your voice to the call for a review: https://www.iccl.ie/2020/tell-your-td-no-renewal-without-review/
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
For media queries: sinead.nolan@iccl.ie