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Public Health Law During the COVID-19 Pandemic in Ireland

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Public Health Law During the COVID-19 Pandemic in Ireland Public Health Law During the COVID-19 Pandemic in Ireland Editors: Alan Eustace, Sarah Hamill, Andrea Mulligan A Public Policy Report of the COVID-19 LEGAL OBSERVATORY School of Law, Trinity College Dublin https://www.tcd.ie/law/tricon/covidobservatory/ Harnessing Trinity’s Collective Expertise for the Greater Good 3 August 2021 i ABOUT THE COVID-19 LEGAL OBSERVATORY Harnessing Trinity’s Collective Expertise for the Greater Good COVID-19 presents an unprecedented public health crisis. New laws were introduced at a rapid pace on the basis of compelling public health and economic concerns. Universities play a vital role in ensuring that laws are effective but also that rights and fundamental freedoms are protected insofar as possible, even in emergency circumstances. To address this, the COVID-19 Law and Human Rights Observatory1 of Trinity College Dublin engages in research across the full range of Ireland’s legal response to COVID-19. Academics in the Observatory the work with research assistants to identify, aggregate, contextualise, explain, and analyse the legal components of Ireland’s COVID-19 response. We aim both to inform the public and to provoke public debate. The Observatory’s Blog2 publishes academic commentary on Ireland’s legal response to COVID-19 as it evolves. The Observatory also provides an unofficial consolidated version of Ireland’s regulatory response to COVID-19, as well as a range of official guidance documents. This is the fourth public policy report of the Observatory. The first report, COVID-19: Public Policy Report on Supporting Individuals examined how public policy could support individuals against the backdrop of COVID-19;3 the second report, Ireland’s Emergency Powers During COVID-19 was completed on behalf of the Irish Human Rights and Equality Commission and explored how Ireland deployed emergency powers during the pandemic;4 the third report, A Right to Disconnect: Irish and European Legal Perspectives, explored 1 https://www.tcd.ie/law/tricon/covidobservatory/index.php. 2 https://tcdlaw.blogspot.com/. 3 Deirdre Ahern and Suryapratim Roy, (eds), ‘Law and Policy Responses to Covid-19 in Ireland: Supporting Individuals, Communities, Businesses, and the Economy’ (Trinity Covid-19 Observatory, November 2020) <Covid-19 Public Policy Report.pdf (tcd.ie)> (accessed 19 April 2021) 4 Conor Casey, Oran Doyle, David Kenny and Donna Lyons, Ireland’s Emergency Powers During the Covid-19 Pandemic (IHREC 2021) <https://www.ihrec.ie/documents/irelands-emergency-powers-during-the-covid-19-pandemic/> accessed 25 June 2021. i the need for a right to disconnect against the backdrop of a rise in remote-working during the pandemic.5 The work of the Observatory is supported by the Trinity College Dublin COVID-19 Response Fund. © Trinity College Dublin, 2021. All rights reserved. 5 Mark Bell, Marta Lasek-Markey, Alan Eustace and Thomas Pahlen, ‘A Right to Disconnect: Irish and European Perspectives’ (Trinity Covid-19 Observatory, May 2021) < https://www.tcd.ie/law/2020.21/Final%20RTD%20report.pdf> ii Contributors to this Report Mark Bell Regius Professor of Laws and Fellow, Trinity College Dublin and member of the Trinity Covid-19 Law and Human Rights Observatory. Patricia Brazil Averil Deverell Lecturer in Law, Trinity College Dublin, barrister and member of the Trinity Covid-19 Law and Human Rights Observatory. Conor Casey Lecturer in Law, University of Liverpool and member of the Trinity Covid-19 Law and Human Rights Observatory. Heather Conway Professor, School of Law, Queen’s University Belfast. Mel Cousins Visiting research fellow, School of Social Work and Social Policy, Trinity College Dublin and member of the Trinity Covid-19 Law and Human Rights Observatory. Sarah Curristan PhD candidate, School of Law, Trinity College Dublin. Oran Doyle Professor in Law, Trinity College Dublin and director of the Trinity Covid-19 Law and Human Rights Observatory. Niamh Egleston Graduate of Trinity College Dublin and London School of Economics. Alan Eustace Scholar and PhD candidate, School of Law, Trinity College Dublin and member of the Trinity Covid-19 Law and Human Rights Observatory. iii Sarah Hamill Assistant Professor in Law, Trinity College Dublin and member of the Trinity Covid-19 Law and Human Rights Observatory. David Kenny Associate Professor in Law, Trinity College Dublin and member of the Trinity Covid-19 Law and Human Rights Observatory. Andrea Mulligan Assistant Professor in Law, Trinity College Dublin, barrister and member of the Trinity Covid-19 Law and Human Rights Observatory. Sara-Jane O’Brien Adjunct Assistant Professor in Law, Trinity College Dublin and barrister. David Prendergast Assistant Professor in Comparative Law, Trinity College Dublin and member of the Trinity Covid-19 Law and Human Rights Observatory. Mary Rogan Associate Professor in Law, Trinity College Dublin and member of the Trinity Covid-19 Law and Human Rights Observatory. Sophie van der Valk PhD candidate, School of Law, Trinity College Dublin. Conor White Graduate of University College Dublin and University of Cambridge, and member of the Trinity Covid- 19 Law and Human Rights Observatory. iv ABOUT THE COVID-19 LEGAL OBSERVATORY ..................................................................... i Contributors to this Report ............................................................................................... iii Executive Summary .......................................................................................................... 7 Introduction ..................................................................................................................... 9 Chapter I: Public Health Governance: The Role of NPHET ................................................ 11 NPHET’s Structure and Decision-making process ................................................................................................. 11 NPHET’s influence on public health decision making ........................................................................................... 13 Case Study: December 2020-January 2021 .......................................................................................................... 21 Criticisms of NPHET-government relationship in pandemic response ................................................................. 25 Conclusions ........................................................................................................................................................... 28 Chapter II: Restrictions to Control Spread of the Virus ..................................................... 29 Introduction .......................................................................................................................................................... 29 Criminal justice and public health approaches ..................................................................................................... 30 Restrictions adopted during the Pandemic .......................................................................................................... 31 Enforcement in practice ....................................................................................................................................... 36 Minimal punishment, maximal compliance? ........................................................................................................ 39 Conclusions ........................................................................................................................................................... 42 Chapter III: COVID-19, Public Health and Funerals in Ireland ........................................... 43 Initial Restrictions on Funerals ............................................................................................................................. 43 ‘COVID-Safe’ Funerals ........................................................................................................................................... 45 Broader Public Health Impacts ............................................................................................................................. 46 Chapter IV: COVID-19 and the Prison System in Ireland ................................................... 47 Introduction .......................................................................................................................................................... 47 Protecting Rights in Prison During the COVID-19 Pandemic ................................................................................ 48 Changes to Prison Regimes ................................................................................................................................... 49 Changes to the execution of sentences ................................................................................................................ 56 Vaccination ........................................................................................................................................................... 61 Oversight, transparency and information sharing ................................................................................................ 63 Conclusions ........................................................................................................................................................... 66 Chapter V: Direct Provision ............................................................................................. 68 Introduction .........................................................................................................................................................
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