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ICCL addresses the Special 2 R

Oireachtas Committee on E M

COVID-19 M U S

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G N I R P S

IRELAND IN A TIME OF COVID: A TIMELINE OF EVENTS THROUGH THE EYES OF ICCL OP-ED ARTICLES| ICCL’S GENERAL ELECTION CAMPAIGN 2020 | VIRGIN MEDIA DIFF FILM AWARDS 2 OUR FREEDOM IS FRAGILE

n just a few short months, protections in tracing systems. We high - Covid19 has had a devastating “...FROM THE lighted the need to protect groups at most impact on all aspects of our OUTSET OF THE risk – including those in direct provision. We have had a strong and clear message at Ilives, including on our human CRISIS IN rights. Emergency powers and all times - the State can and must respect regulations reaching into the most MARCH, ICCL human rights when it is enforcing public private areas of our lives have HAS PLAYED A health measures. We are making a strong presented civil liberties case to Government and the Oireachtas challenges that we never LEADING ROLE that putting human rights, transparency and expected to face in peace time. IN ADVOCATING public The Garda have been empowered education at the centre of their response to regulate where we go and for FOR HUMAN will lead to higher public support. what reasons. RIGHTS TO BE ICCL's independence and our commitment At the same time, both the disease and the PROTECTED IN to standing up for principles of human stringent government response have ALL ASPECTS OF rights at times of greatest challenge has exposed some of the extreme inequalities never been more essential. We are very in our society, with the effects being felt THE STATE proud of what we have achieved over the most acutely by older RESPONSE...” past few months, but it is clear that these people, people seek - challenges will continue. We believe that ing international protection, people in more can be done to ensure that the most at-risk are protected, homelessness, and those in precarious while at the same time ensuring that any restrictions are neces - or unsafe work. sary and proportionate.

Our society is facing a grave public Your support means more now than ever. Like so many organi - health crisis with implications for sations around the world, ICCL has been working tirelessly over every aspect of our human the past months, but we have not been able to host funding rights. From the outset of the events normally held throughout the year. Right now we can all crisis in March, ICCL has appreciate just how truly fragile our freedoms are and how played a leading role in important ICCL's voice is. If you are able, please consider advocating for human rights chipping in to help support our ongoing work by going to to be protected in all aspects of iccl.ie/donate . the State response. We fought for and secured safeguards in emer - Liam Herrick gency legislation, accountability Executive Director for policing powers, and privacy Irish Council of Civil Liberties

About ICCL

The Irish Council for Civil Liberties is committed to an Ireland that is more just, more free, and where human rights and civil liberties are enjoyed by everyone. Fully independent of government and fearless in our advocacy for human rights, we have been at the forefront of all key human rights campaigns in Irish society, making a significant impact on law, policy and public opinion. These have included the campaigns for legal divorce, decriminalisation of homosexuality and for marriage equality; working for equality legislation and institutions; resistance to emergency legislation and the removal of constitutional due process protections; and consistent advocacy for women’s rights, including reproductive rights. We act as an essential defender of human rights and civil liberties and as an effective champion for the advancement of justice and freedom in Irish society. Founded in 1976, we have worked tirelessly to defend and strengthen constitutional rights protections and to ensure the full implementation of international human rights standards. We draw on the tradition of civil liberties activism in many countries, including the civil rights movements in , the United Kingdom and the United States. Domestically focused and internationally informed, we have developed strong partnerships with civil society organisations in Ireland and networks and alliances with similar organisations internationally. For more information, visit our new website: https://www.iccl.ie

RIGHTS NEWS | SPRING & SUMMER 2020 TOGETHER WE CAN DEFEND IT 3

ICCL’S GENERAL ELECTION CAMPAIGN 2020

ard to believe now that we Labour committed to six of the reforms But we were disappointed that some started the year with a and Fianna Fáil and Fine Gael committed straightforward reforms that would have HGeneral Election campaign! to five apiece. real impact on all of our lives were not Many of you joined the call for mentioned. We had called for an end to ICCL’s 8 asks by emailing your local 10 ICCL CALLS the illegal and discriminatory Public Serv - candidates. Read on to realise the INCLUDED IN ices Card project; a Citizen’s Assembly on impact we had together! Brexit; and the full implementation of EU PROGRAMME FOR GOVT During negotiations to form government, fair trial standards in our justice system. CROSS-PARTY ICCL submitted a more detailed set of 18 We also called for an Ombudsman for COMMITMENT ON 5 ASKS calls for human rights reform to the three Victims of Crime which has not been Four of the major parties committed to negotiating parties for government. We included though we were glad to see a ICCL’s 8 straightforward but crucial asks were very pleased to see strong commit - commitment to full implementation of which would advance the cause of ments to ten of those calls in the the Victims of Crime Directive. human rights in Ireland if implemented. Programme for Government including a commitment to end Direct Provision ; Overall, the Government has set itself a Sinn Féin, the Green Party, the Social the establishment of an Electoral Com - range of ambitious but achievable human Democrats and People Before Profit/Soli - mission ; Garda reform ; the creation of rights goals, which could make a real darity all committed to bringing in safe an independent inspection system difference to the lives of everyone in Irish zones ; outlawing hate crime and for all places of detention; the establish - society. Of course, only time will tell if image-based sexual abuse ; abolish - ment of safe zones for access to these commitments are to become real - ing the Public Services Card ; creating abortion; a referendum on the Right ity. ICCL will be campaigning to make an independent inspection system for to Housing ; the decriminalisation of sure they do... places of detention; establishing an drugs for personal use; the outlawing Independent Police Ombudsman and of image-based sexual abuse (com - an Ombudsman for Victims of monly known as revenge porn); and “...WE CALLED FOR Crime ; and reforming the Electoral Act if strong protections against facial recog - elected. nition technology . AN OMBUDSMAN FOR VICTIMS OF CRIME WHICH HAS NOT BEEN INCLUDED THOUGH WE WERE GLAD TO SEE A COMMITMENT TO FULL IMPLEMENTATION OF THE VICTIMS OF CRIME DIRECTIVE...”

MORE INFORMATION:

https://www.iccl.ie/wp-content/uploads/2020/01/ICCL-8-Asks.pdf https://www.iccl.ie/icclsubmission-on-programme-for-government-may-2020/

RIGHTS NEWS | SPRING & SUMMER 2020 4 OUR FREEDOM IS FRAGILE

ARE THE EMERGENCY MEASURES IN LINE WITH HUMAN RIGHTS? FIRST PUBLISHED IN THE IRISH EXAMINER ON MONDAY 23 MARCH 2020

ICCL’S SENIOR RESEARCH AND POLICY OFFICER DOIREANN ANSBRO PROVIDES AN ANALYSIS OF THE EMERGENCY LEGISLATION TO DEAL WITH COVID-19

They can be limited to protect health shelter and sanitation. and life but any limits must be demon - This would have included homeless strably necessary and they must be as people, the Traveller community and peo - minimal as possible. ple living in shared living spaces such as At ICCL, we analysed the draft bill prisons and Direct Provision Centres. and made a number of recommendations The potentially devastating conse - to bring it in line with human rights law quences for those without homes or and standards. Our chief concern was sanitary facilities are painting the socio- that in its initial form the bill allowed for economic inequalities in Ireland in a rare, indefinite extensions of its duration with - stark and disturbing light. out prior approval by the Oireachtas. The Minister for Health made a clear In practice, this would have meant statement in the Dáil on Thursday that that the extraordinary powers that the the Government will assist people to self- law provides could have lasted long into isolate and people must be treated the future without proper parliamentary equally in this regard. scrutiny. But this commitment isn’t reflected new law giving the Emergency powers can become nor - explicitly in the law. Government sweeping malised and our rights whittled away. The new powers to ban events, powers to tackle the We’ve seen that before in Ireland with restrict travel, and restrict movement in sApread of Covid-19 has been the Offences against the State Act and places designated as 'affected areas' are approved by the Dáil, sitting the Special Criminal Court. They were extensive. with just 30% of our TDs. introduced during the period of an emer - Anyone contravening such an order gency but continue to curb fair trial rights will be charged with a criminal offence. These powers, if invoked, will significantly in some cases to this day. The need to prevent the spread of restrict our rights to liberty, free move - We’ve seen it in other countries too Covid-19 to save lives and the possibility ment and assembly. They allow for the where emergency powers brought in to that some people won’t follow the clear detention of those who refuse to self-iso - deal with counter-terrorism, for example, medical advice regarding social distanc - late. have crept into normal law or have been ing and self-isolation is what makes They allow the Government to ban misused to curb the work of civil society these powers necessary. events, restrict travel and require people and journalists. However, they must be used spar - to stay in their homes. This is why we were glad to see the ingly and only where clearly required in These are truly extraordinary meas - introduction of a proper sunset clause order to prevent their misuse. ures that the government believes are following our submission to the Dáil ICCL recommended introducing addi - necessary to protect our health and our debate last Thursday. The law now speci - tional safeguards to mitigate against this. right to life during this public health fies that the powers to restrict events, For example, we suggested that the Min - emergency. movement and liberty will last only until ister shouldn’t have the power to make At the Irish Council for Civil Liberties, November 9. Any extension beyond that orders to clamp down on events and we agree that these extraordinary times period must be approved by the Dáil. gatherings when it is 'necessary or expe - call for extraordinary measures. Human ICCL raised other concerns too - we dient' but only when it is necessary. rights law, however, still applies during wanted to see a clear non-discrimination Unfortunately, this wasn’t taken on times of emergency. This means our clause and a commitment to protecting board. rights can’t be suspended. those who don’t have equal access to The law also significantly expands

RIGHTS NEWS | SPRING & SUMMER 2020 COVID-19 EMERGENCY 5 PANDEMIC TIMELINE existing detention powers for those with suggested by a number of TDs and Sena - ‘infectious diseases’. In the Public Health tors during the debates in the Oireachtas March Act of 1947, a chief medical officer can last week. 12 th order the detention of someone who is a The Minister could still add such ‘probable’ source of infection and can’t safeguards to specific regulations and we closes schools be effectively isolated in their home. urge him to do so. and advises The new law allows ‘medical officers Human rights law and standards will remote work of health’ to detain individuals who they still apply to the exercise of these powers where possible. believe in ‘good faith’ to be a ‘potential even though they are not explicitly th source of infection’. This is clearly a much included in the legislation. This means 13 broader power than the 1947 Statute that the power to restrict events and free ICCL calls for rights- and it’s a criminal offence not to comply movement and the power to detain can based response to protect the most at- with an order for only be used when risk, particularly detention. strictly necessary and where they are living Given that the “...EMERGENCY in a proportionate in congregated settings right to liberty is one manner – or as little such as Direct of our most funda - POWERS CAN as possible to protect Provision and nursing mental rights, ICCL BECOME public health. homes. recommended adding We at ICCL will be th significant extra safe - NORMALISED monitoring their use 17 guards to this power. AND OUR and campaigning for ICCL calls for sunset We suggested an end to the powers clause in any RIGHTS emergency legislation. requiring a reason - when the emergency is Call is reproduced in able belief (meaning WHITTLED over. the media and sent to most reasonable peo - AWAY...” The Dáil debate all members of the ple would believe the on Thursday and the Oireachtas. same) before an order for detention Seanad debate on Friday showed a com - could be made. mitment to civil liberties across a broad 18 th This is the standard required of Gar - political spectrum. ICCL sends daí when they want to arrest someone. Minister Harris concluded the Dáil comprehensive We recommended that detention or iso - debate by saying “these are powers we analysis of lation should be considered necessary don’t ever wish to use”. emergency legislation to and not just ‘appropriate’, as the law We support the Government’s members of the currently provides. efforts to ensure their response to this Oireachtas. We also wanted to see a stronger crisis is prescribed by law and we A sunset clause review and appeals process. Currently, wholeheartedly commend and thank all of 9 November is a person can request a review of their of those in the medical profession who secured after many detention by one other medical officer. are making trojan efforts to keep us safe. members of the We expressed concern that people These are extraordinary measures for Oireachtas cite our who may not have full capacity should extraordinary times and a human rights submission during the have the right to an advocate to protect approach to their implementation will debates. The legislation their rights if detained. protect each one of us now and well into is passed. These recommendations were not the future. CONTD. OVER... added to the law despite being

People who may not have full capacity should have the right to an advocate to protect their rights if detained.

RIGHTS NEWS | SPRING & SUMMER 2020 6 OUR FREEDOM IS FRAGILE

HUMAN RIGHTS AND PUBLIC HEALTH MEASURES CAN AND SHOULD BE COMPLEMENTARY FIRST PUBLISHED IN ON WEDNESDAY 1 APRIL 2020

EXECUTIVE DIRECTOR LIAM HERRICK WRITES THAT THE STATE’S OBLIGATION TO VINDICATE THE RIGHT TO LIFE AND THE RIGHT TO HEALTH APPLIES WITHOUT DISCRIMINATION

vindicate the right to life and the right to to the Courts to protect themselves health applies without discrimination. It against unjust State action. Our right to requires respect for the inherent dignity information also requires the Govern - of everyone. This means the right to life ment to be honest with us. must be put above economic considera - The powers that have been intro - tions. Everyone enjoys an equal right to duced in Ireland are extreme by any care regardless of wealth, age, disability, measure. Government can ban public or underlying medical condition. events, restrict our movement, confine us Human rights are expressive of soli - to our homes, and even order detention darity and require the State to take of those who refuse to self-isolate. Our special measures to protect those most at rights to work, to recreation and to wor - risk. It was Michael Ryan of the WHO ship have been impacted too. Human who most clearly linked public health and rights law foresees that these restrictions human rights, saying, “We cannot forget can be necessary but requires them to be migrants, we cannot forget always proportionate to the risk to health undocumented and life. t has been suggested by workers, we cannot “...WHEN We all accept some commentators that forget coordinated col - human rights present an prisoners...the only GOVERNMENTS lective action is oIbstacle to the necessary way to beat [CORO - TAKE STEPS TO necessary at this public health response to NAVIRUS]is to leave time, but even COVID-19. This narrative belies no one behind... we RESTRICT OUR under emergency a fundamental misunderstand - are in this RIGHTS, EVEN IN legislation, the ing of human rights. together”. This is State can choose our social contract. THE MOST to pursue coercion Human rights are not about individual - Human rights EXTREME or cooperation. ism; rather they represent democratically also demand The Government agreed rules about how we can live accountability and CIRCUMSTANCES, introduced together equally, fairly and with dignity. transparency. When THEY MUST extraordinary Human rights law places obligations on governments take powers to provide the State to vindicate and protect our steps to restrict our REMAIN SUBJECT for a worst case rights as a bulwark against abuse of rights, even in the TO THE RULE OF scenario, but both power. It also provides a framework to most extreme cir - the Taoiseach and balance individual and community inter - cumstances, they LAW...” Garda Commis - ests. This is why we talk about balancing must remain subject to the rule of law. sioner have expressed their preference rights rather than suspending one right in That is why ICCL argued strongly that the for policing by consent. Every use of favour of another. duration of Ireland’s period of emergency those powers demands close vigilance In the main, human rights principles should be controlled by the Oireachtas - and accountability, but our aim must be have informed our government and com - the people’s representatives - and not by that the powers be used sparingly or not munity responses to COVID-19 up to this Government. It’s also why we must at all. point and it is essential that they con - ensure that individuals affected by emer - At the same time, we have seen tinue to do so. The State’s obligation to gency measures retain the right of access radical State action to protect access to

RIGHTS NEWS | SPRING & SUMMER 2020 COVID-19 EMERGENCY 7

March 24 th Businesses, sports clubs and religious organisations shut. People asked to limit their close contacts to a handful of people. ICCL analyses these measures and welcomes the introduction of the pandemic payment, a rent freeze and a ban on evictions to mitigate the impact of this advice.

27 th People asked to stay at home unless an essential worker. 2km limit on movement introduced.

30 th ICCL writes to Department of Justice outlining our concerns that the above advice and guidelines are to be made law, with penal sanctions.

ICCL writes to Garda If homelessness, evictions, and waiting lists are intolerable now Commissioner and can be redressed, why would we tolerate them in a few objecting to the months’ time? procurement of 16,000 spit hoods. housing and basic income. The human homelessness, evictions, and waiting CONTD. OVER... right to housing is now being directly lists are intolerable now and can be vindicated by the State, with those rights redressed, why would we tolerate them trumping fiscal considerations and the in a few months’ time? established orthodoxy about legal protec - For now, our focus must be on pro - tion of property. Eviction bans and rent tecting each other, based on what each freezes have suddenly become possible. person needs. This response can and The rigidity of our two-tier health care must be informed by human rights. The system has also evaporated in the face of Government must be open about its an urgent demand to ensure respect of actions and use its powers sparingly. the right to access healthcare. Above all, we must look out for those We are glimpsing what a system of whose situation is most pressing - people laws and policies that are built from real experiencing homelessness, people in our respect for universal human rights might nursing homes, in direct provision cen - look like. Solidarity is empowering and tres, in halting sites and in prisons. We collective effort breeds a sense that how must leave no one behind. we live together can be reimagined. If

RIGHTS NEWS | SPRING & SUMMER 2020 8 OUR FREEDOM IS FRAGILE

THE PANDEMIC IS NOT A WAR; OUR SHARED HUMANITY IS THE SOLUTION FIRST PUBLISHED IN THE THE IRISH TIMES ON TUESDAY 7 APRIL 2020

COMMUNICATIONS OFFICER SINÉAD NOLAN WRITES THAT THE WAR ANALOGY IS NOT ONLY UNHELPFUL, BUT DANGEROUS

n declaring the lockdown in make unthinkable decisions between one France, President Macron human life and another. No doubt they declared war on Covid-19. make this comparison to impress upon WIhen we discuss the the rest of us the horror and urgency of pandemic, we use language the situation. normally associated with war - But the war analogy is not only fare: defeat, enemy, front lines. unhelpful, it is dangerous. It forces us to Medical personnel in our emer - accept things we should not unthinkingly gency departments have said accept, and it blinds us to the solutions they are working in conditions to this crisis. The pandemic is perhaps as akin to those of open conflict. great an ill as war. But it is different to war, and our response should also be We cannot imagine the trauma medical different. professionals endure as they watch peo - The war analogy means thinking ple suffocate and die alone, or as they along divisive lines and forgetting our

The war analogy means thinking along divisive lines and forgetting our shared humanity.

RIGHTS NEWS | SPRING & SUMMER 2020 COVID-19 EMERGENCY 9 shared humanity. That is the last thing QUASH DISSENT our society needs right now. The belief that we are at war may also April Behavioural scientists agree that dull our critical instincts. Going to war is 8th empathy is the only emotion likely to spur often a strategy intended to unite people ICCL opposes us into the kind of altruistic action behind their leaders, thereby quashing introduction of garda needed now. Not fear, not anger. So why dissent. In a pandemic we need to feel powers to police the are world leaders choosing a metaphor free to challenge those who choose lockdown over the that engenders militancy and taking up strategies not supported by science. We Easter weekend. arms, the very opposite of what is must be free to urge our politicians to th needed? protect everyone, particularly those on 12 Many will say that we need to unite the economic margins, from the virus. In Garda powers extended against a common enemy to make the a pandemic both our compassionate and beyond the Easter weekend. ICCL demands a collective changes needed. But behav - our critical faculties must be fully human rights analysis ioural scientists also say that what engaged. of when and why powers humans need to There is no need are used, and of their spur us into collec - “...IN OUR to imagine we are impact on different tive action is a fighting an invisible groups. In the months shared goal and a LIFETIMES, IT enemy. If the virus to come the Policing shared strategy. HAS NEVER can be cured, it is Authority will collect In this scenario, through rest or with these statistics. the goal is clear: to BEEN SO CLEAR medical care. We are 22 nd save lives. The strat - protected from it THAT HUMAN ICCL launches email- egy is easy to through compassion BEINGS your-TD tool calling understand and easy – by ensuring every - for an impact to implement: flatten OPERATE AS A one has shelter and assessment for at-risk the curve by staying access to running groups at home. What most SINGLE ENTITY. water. of us need to do IF ONE OF US IS We know the 23 rd now is to be very, solution to the pan - As Debenhams very still for a while. SICK, WE ARE demic lies in unity workers’ right But when we ALL SICK. THE and empathy, to protest is focus on imagined even if at a dis - violated, ICCL calls for divisions between VIRUS DOES NOT tance. For our protest to be us, we may think RECOGNISE OUR heroic medical included in list there are those we PERCEIVED professionals and of exceptional can leave behind. essential workers, it reasons to leave home. We may think we DIFFERENCES. means taking great don’t need to pro - IT DOES NOT risk to care for oth - 27 th vide shelter and ers. We should ICCL writes to gardaí sanitation to anyone RESPECT support them how - expressing concern who does not have ever we can. And we about armed gardaí at POWER, WEALTH checkpoints. it. OR RACE...” must support those We must sup - who are vulnerable 29 th port those who are to the disease as ICCL writes to vulnerable to the well as those at high HSE asking for disease as well as those at high risk of risk of contracting it. publication of contracting it. We must slow down, look after each covid tracker In our lifetimes, it has never been so other and remember that our differences app’s source clear that human beings operate as a are imagined. And when the time comes, code, design single entity. If one of us is sick, we are all we can embrace each other in the spec and DPIA. sick. The virus does not recognise our per - warmth of our shared humanity. ceived differences. It does not respect CONTD. OVER... power, wealth or race – though these privileges may help some of us run from it.

RIGHTS NEWS | SPRING & SUMMER 2020 10 OUR FREEDOM IS FRAGILE

COVID-TRACING APP MAY BE INEFFECTIVE AND INVASIVE OF PRIVACY FIRST PUBLISHED IN THE IRISH TIMES ON TUESDAY 5 MAY 2020

DIRECTOR OF ICCL’S INFORMATION RIGHTS PROGRAMME, ELIZABETH FARRIES , WRITES THAT GOVERNMENT MUST BE TRANSPARENT TO AVOID UNINTENDED CONSEQUENCES

lattening the curve may be frustratingly slow, but deploying ineffective or iFnvasive tech won’t accelerate solutions for Ireland. Minister for Health Simon Harris, said in the Dáil last week that the Covid Tracker Ireland App being developed by the (HSE) will work only if there is maximum public buy-in. consideration of their usefulness before details the public has received from HSE. To facilitate buy-in, a communications release. The 11-page Dáil statement and briefing campaign is forming to make it as easy Accordingly, a group of civil societies, for Mr Harris do not answer these asks. as possible for people to use the app. scientists and academics has written an However, what we do know raises con - However, this approach puts the horse open letter asking that HSE follow the cerns that the app may be neither before the cart for an app which is very European Data Protection Board recom - effective nor rights respecting. much under testing and development. mendations by publishing the app’s draft It is true that the public needs to specification and user requirements, data BLUETOOTH further consider production of an app protection impact assessment (DPIA) and TECHNOLOGY solution. Covid apps have many technical source code. This would allow expert We know that one possible function limitations which, together with their input and wide public scrutiny. reported for the app is Bluetooth contact- extremely invasive potential for gener - We have written these requests tracing technology. This technology can alised surveillance, demand more public openly precisely because of the few be used to detect devices that are in

RIGHTS NEWS | SPRING & SUMMER 2020 COVID-19 EMERGENCY 11 close proximity with each other and to the use for covert user tracking and alert you if you have come into contact deanonymisation. May with someone with Covid-19. Deanonymisation, a process which 1st But there are problems with Blue - reidentifies an individual’s personal data, Residents who had been tooth accuracy. Its signals can cross walls is a very real threat to location tracking. locked into a Direct and it doesn’t always run continuously on The Minister’s briefing does not appear to Provision centre at devices. It would not be helpful to alert acknowledge this risk when it says it will Cahersiveen are you to a contact with an infected person use “voluntarily supplied small statistical released following an on the other side of a wall whom you’ve area location information”. But who will ICCL letter to the Dept never actually encountered. Nor would it hold this data and for how long? Who of Justice. be helpful to miss a contact alert because else will be able to access it and how 7th your app wasn’t running on your phone exactly will it be used? ICCL speaks at a particular time. This kind of mission creep, away from to RTÉ’s Seán To compensate for Bluetooth defi - an app’s originally intended function, and O’Rourke ciencies, a second possible reported sometimes precisely detectable only if the about solution under consideration for the app code is released, demonstrates the mandatory is movement and potential for a Covid- passenger location data track - tracing app to locator forms ing. When reliant on transform into a covert at airports. GPS, this tech also “...WHAT WE DO surveillance tool with 13 th has accuracy prob - KNOW RAISES linkages to commercial lems. In certain interests. Ahead of renewal of CONCERNS garda powers, we conditions including Transparency reiterate our call for a poor weather, busy THAT THE APP To avoid unin - return to policing by urban spaces or MAY BE tended consequences, consent, and request a indoor environments it’s important that the meeting with the it loses precision. This NEITHER Government be thor - Minister for Health. would not be helpful EFFECTIVE oughly transparent either on a busy with us – at the outset 18/19 th street. NOR RIGHTS and in an ongoing ICCL writes to the With all these RESPECTING...” way. Department of Health, accuracy issues, we On Thursday, the Department of Public Expenditure and have to question whether poorly-func - numerous TDs questioned Harris in the Reform, the Central tioning tech is a useful solution. We also Dáil about the app. As they called for Statistics Office for need to consider the potential interfer - transparency, concerns were raised that, records ences with our rights. as Sinn Féin TD Louise O’Reilly put it, the and correspondence There is, for example, our right to Government “has not exactly covered related to the Covid health, which must be enjoyed without itself in glory with respect to data protec - Tracker app. discrimination. Some people, including tion, particularly when we consider the th children, the elderly and the very poor, public services card”. 27 may not have access to mobile health We are therefore encouraged to read Having never seen any apps or have the digital skills to use that the Minister for Health is aware of human rights tests, ICCL demands an end to them. The Minister’s briefing says the the “vital importance of data protection police powers on 8 June. Government is working hard to manage and privacy” in relation to the Covid the digital divide but provides no details Tracker Ireland app. It’s also encouraging 28 th regarding how. to read that it is being developed with Refusal to There are also our rights to privacy European Commission recommendations fill in a and data protection, which shouldn’t be in mind. passenger sacrificed in the name of tech solutions. However, concerns about data pro - locator form academics recently tection and privacy will remain until the becomes a said that while Bluetooth DPIA, design specifications and source criminal can be more appealing than location code are published and made available offence. tracking from these rights perspectives, for independent expert scrutiny. CONTD. OVER... we must be leery of Bluetooth apps Until then, a national communica - engaging commercial services that can tions plan aimed at deploying the app hold rough location data. The data held seems entirely premature. by these commercial interests potentiates

RIGHTS NEWS | SPRING & SUMMER 2020 12 OUR FREEDOM IS FRAGILE

STATE HAS RESPONSIBILITIES TO HUMAN RIGHTS OF ‘AT-RISK’ PEOPLE FIRST PUBLISHED IN THE IRISH EXAMINER ON TUESDAY 2 JUNE 2020

ICCL’S CIVIL SOCIETY POLICY OFFICER DEIRDRE NÍ CHEALLACHÁIN SAYS THERE IS A CLEAR NEED FOR US TO ASK WHETHER THE CARE OF AT-RISK PEOPLE ACROSS THE STATE SHOULD BE FOR PROFIT.

Nursing Homes Ireland in sourcing PPE, At last week’s committee meeting, accessing testing, and retaining staff we were reminded of the fact that the were well ventilated. HSE has no clinical oversight of private Although the Health Information and nursing homes. In the words of Hiqa, Quality Authority (Hiqa) clarified this is “the HSE did not know this sector”. the responsibility of the care home, con - Inspections of private homes is left to fusion over whose role it is to decide the Hiqa alone, which is in turn dissatisfied ratio of resident to nurse and care assis - with its regulatory powers of enforce - tant is concerning. ment. With regard to direct provision, the Meanwhile, calls for an inspection of Department of Justice confirmed that the Caherciveen direct provision centre staff requiring garda vetting had not have gone unheeded, despite the serious been vetted until last Monday, nor had issues raised in relation to the centre’s they undergone adequate training before suitability during the crisis. starting work. There is a clear need for inspections We should all be worried by this. by statutory bodies with strong powers of Staff should be vetted and trained to enforcement that are encoded in national he crisis has seen nearly deliver safe and effective services to legislation. 55% of Covid-related adults and children. Moreover, Ireland needs to urgently deaths occurring in There is a clear need for us to ask ratify the Optional Protocol to the UN nTursing homes, and exposed whether the care of at-risk people should Convention Against Torture, which would pre-pandemic systemic flaws of be for profit. include inspections of direct provision the direct provision system. Uncertainty around duties and dele - centres and nursing homes, as a matter gation of responsibilities in the context of of urgency. What can we learn from last Tuesday’s the provision of vital social and health special Oireachtas Covid-19 response care is not acceptable. THE ROLE OF committee meeting on congregated set - INDEPENDENT tings? THE HSE DID NOT KNOW ADVOCATES THIS SECTOR The absence of representation of older PRIVATISATION OF CARE Oversight of institutions is critical. Given people in decision making was also high - AND SOCIAL PROVISION our harrowing past in this country, there lighted. The difficulties that can arise when the is acute awareness of the need for robust Nursing homes were not mentioned State outsources its responsibilities oversight mechanisms for individuals until Nphet’s 12th meeting, on March 10. towards the human rights of vulnerable living in institutions. Nursing Homes Ireland was simply not individuals was evident at the special However, Ireland remains the only EU represented on the Nphet subgroup on Oireachtas committee meeting last Tues - country not to have ratified the UN nursing homes. day. Optional Protocol to the Convention What’s more, the Minister of Health Eighty percent of nursing homes are Against Torture, which would require has stated that Hiqa is the voice of the privately-owned and the vast majority of regular independent and unannounced elderly at the Nphet table, yet Hiqa did direct provision centres are run for profit inspections of direct provision centres not visit any nursing home where there by private operators. The frustrations of and nursing homes. was a Covid-19 infection reported during

RIGHTS NEWS | SPRING & SUMMER 2020 COVID-19 EMERGENCY 13 the crisis. How can it represent people it seeking international protection were has not met? being housed. June Sage Advocacy, a support and advo - Members of this group were then 3rd cacy services organisation for vulnerable moved to Caherciveen from this affected ICCL launches a adults, called for the role of independent hotel at the height of a pandemic, with principled framework advocates to be legitimised through leg - full knowledge of the HSE. containing nine islation. If State bodies, the Department of principles for It’s obvious that the interests of Justice and the HSE in this instance, had legislators developing affected groups should be directly and communicated and effectively engaged technology, including adequately represented in decision-mak - with each other throughout this time, the covid-tracker app. ing processes that concern their human steps could have been taken to mitigate On 25 June, the rights. Yet, it’s not happening. infection risks and the suffering of resi - Department of Health will tell the dents at the Caherciveen centre could Oireachtas Special CONGREGATED CARE have been avoided. Committee that these MODEL Reports of residents being locked in principles were Longstanding issues with the congre - the Cahersiveen centre by operators have observed. gated care model were raised by raised serious concerns regarding where committee witnesses and deputies alike, the responsibility for this lies and suggest ICCL voices underscoring the need for a continuum of a lack of effective communication support for care model to be established. between the Department of Justice, the threatened At present, there are little to no com - HSE and private centre operators. Black Lives munity-based options or supports that At the core of these deferrals and Matter protesters. enable individuals to remain in their own deflections at the committee meeting homes when care is needed. was vulnerable individuals living in con - 8th In the direct provi - gregated settings After two months of sion context, a whose rights were ICCL advocacy, Garda congregated setting is not sufficiently safe - powers are allowed to manifestly unsuited to “...FOR-PROFIT guarded at the height lapse. the needs of people of a public health CARE OF ‘AT- th seeking international crisis. 9 protection and steps RISK’ PEOPLE Responsibility, ICCL signs a joint should be taken to SHOULD BE accountability and letter to the Minister for Social Protection abolish this system as transparency should SERIOUSLY calling for the soon as possible. be at the heart of all extension of school QUESTIONED State responses, espe - meals programme in OPERATION AND THE cially when it comes light of rise in IN SILOS to protecting the food poverty In the words of one DIRECT rights of vulnerable during the deputy, we watched a PROVISION individuals in a pandemic. game of “pass the public health crisis. th parcel” at last week’s SYSTEM There are some 16 committee meeting. key learnings that ICCL and DRI SHOULD BE submit joint A list of high-risk require urgent State ABOLISHED...” submission to the nursing homes, both action. Special Committee on private and public, For-profit care of Covid-19 Response in was submitted by hiqa to the Department ‘at-risk’ people should be seriously ques - respect of the Covid of Health (which was notably not repre - tioned and the direct provision system Tracker app. sented at the committee meeting), to should be abolished. which hiqa only received an acknowl - A continuum of care model should 18 th edgement. be developed to address gaps in health ICCL meets Minister for With regards to direct provision, and social care provision. Moreover, there Health Simon Harris there is a pronounced absence of clarity is a pressing need to legitimise the role and officials to raise issues re: app and at- surrounding who knew what when. of independent advocacy and to ratify the risk groups. It appears that the HSE did not Optional Protocol to the UN Convention inform the Department of Justice of the Against Torture. CONTD. OVER... confirmed Covid-19 case in the Swords Travelodge where a group of people

RIGHTS NEWS | SPRING & SUMMER 2020 14 OUR FREEDOM IS FRAGILE

STRUCTURAL RACISM IS LAID BARE BY THE PANDEMIC FIRST PUBLISHED IN THE JOURNAL ON 11 JUNE 2020

ICCL’S FUNDING DEVELOPMENT OFFICER GRACE TIERNEY WRITES FROM HER LOCKDOWN HOME IN THE US, WHERE SHE OBSERVES RACISM IS NOT JUST A US PROBLEM

our times. The potential criminalisation of crime are a key sticking point in effec - solidarity protests in Dublin reminds us tively tackling racism and discrimination that Ireland is not immune. in the country. Ireland has among the highest rates COVID-19 of hate crime against people of African DISCRIMINATES background and transgender people in These protests are occurring during a the EU, but no laws to address it. In Ire - deadly global pandemic – one that has land from the moment a hate crime is disproportionately affected minority reported, the hate element is filtered out groups in the US and in Ireland; a direct by the system. This makes it impossible result of the entrenched inequalities that for victims of hate crimes to get the jus - affect the lives of vulnerable and minority tice that they deserve. groups every day. During the February 2020 general At the beginning of lockdown, many election, every major party in Ireland remarked that this pandemic was the committed to outlawing hate crime. great equaliser – that it didn’t matter Slowly and quietly in the background of INCE THE KILLING of who you were or where you were from, if everything else going on, a government is George Floyd last month, you caught Covid-19, it would not dis - forming. We must all hold those in power cities across the United criminate. We now know that this is not to the promises that they have made. States and the world over have true. Evidence emerging from the US and erupted into a protest with a UK suggests the disease affects some COVID-19 AND RACE clear message: enough is minority communities more than others. ISSUES enough. The racism and Proper access to sanitation and A particular gap in Ireland’s response to discrimination that have space to socially distance is key to com - Covid-19 has been its treatment of peo - endured for so long will no bating the spread of the disease and not ple in congregated settings, like those in longer be tolerated. Here in the all communities have the same access. Direct Provision centres. Of significant US where I grew up and am Many have also remarked that society concern were the reports from the ‘Skellig working from home, we have and the economy have been paused. But Star’ in Cahersiveen that people had reached boiling point racism, discrimination, and inequality do been locked into the centre with padlocks not have pause buttons. on gates. Lack of proper cleaning follow - In Ireland, where I live normally, we can Racism and intolerance are key ing an outbreak of Covid-19 within the feel somehow immune against these twin obstacles to meaningful equality in Irish centre and mishandling of transfers plagues. But minority groups in Ireland, society. Covid-19 has presented unprece - caused significant trauma for residents. such as the Traveller community and peo - dented peacetime challenges to human We don’t yet fully understand the ple living in Direct Provision, are at the rights like the rights to liberty and free extent to which Covid-19 has affected sharp end of the persistent inequality movement, but also exciting opportuni - people in these settings, but it has served within Irish society. ties to address longstanding structural to highlight again the fact that the Direct The US demonstrations are not hap - inequalities in areas such as housing, Provision system is failing asylum seekers pening in a vacuum; images of protesters poverty, and refugee and minority rights. in Ireland. demonstrating while wearing facemasks The specific gaps and weaknesses in It facilitates a range of human rights are a reminder of the wider context of Ireland’s legislative response to hate violations, including the right to dignity;

RIGHTS NEWS | SPRING & SUMMER 2020 COVID-19 EMERGENCY 15

June 25 th It emerges spit hoods provide no protection against Covid- 19. We write to the Garda Commissioner again. He commits to a review in September.

26 th Following ICCL advocacy, Minister announces extension of school meals programme.

Covid-tracker app source code and DPIA is published, as called for by ICCL. July 2nd ICCL and others give the covid-tracker app a C+ as we have still have concerns about to work; to education; to health; to pri - have been laid bare in recent months. privacy and efficacy. vate and family life; and to justice. We Is this really who we want to be? We th must end it. A post-Covid Ireland working must use this time to decide what kind of 4 toward justice, freedom, and equality is a world we all want to inhabit in the ICCL speaks to media one where newcomers who arrive at our post-Covid era. about mandatory quarantine and the shores fleeing danger are housed with This emergency period has seen a human rights problems dignity. number of positive changes – ones that Racism has a particularly Irish flavour it presents. Mandatory we were previously told were not possi - quarantine is not when we think of the Traveller commu - ble. Ireland, for now, has a single-tiered introduced in the nity. There were serious concerns about healthcare system, increased social wel - months that follow. basic sanitation at halting sites when the fare payments, and a ban on evictions. pandemic began. It’s simply not accept - These are just a few of the positive 10 th able that there are people without measures that could be extended after Face masks become sufficient access to running water in our the emergency period is over; it’s up to mandatory on public country. Overcrowding also made it diffi - us to ensure that they do. We get to transport. ICCL voices concern cult to observe . County choose what Ireland looks like that laws are not councils for years have not provided going forward – that’s the beauty proper facilities. being published of a democratic society. before they are American author, poet, and signed off. BLACK LIVES MATTER activist Cleo Wade said: ‘The voice BRINGING CHANGE within you that says “this is not okay” is 21 st This is a turning point in history. While a direct call from the basic goodness of ICCL raises concerns those of us who are fortunate enough to your spirit.’ about tech be able to do so are at home following We must all now listen to that voice, underlying the HSE public health guidelines and keeping stand up, and move forward toward app. safe, we must think about the issues that progress. CONTD. OVER...

RIGHTS NEWS | SPRING & SUMMER 2020 16 OUR FREEDOM IS FRAGILE

TRACKER APP IS A GIANT LEAP FOR TRANSPARENCY, BUT BEWARE ITS PRIVACY IMPLICATIONS FIRST PUBLISHED IN THE IRISH EXAMINER ON FRIDAY 10 JULY 2020

THE AUTHORITIES ROLLING OUT IRELAND'S COVID-19 SMARTPHONE TOOL HAVE TAKEN ON BOARD CIVIL LIBERTIES CONCERNS — BUT DATA PROTECTION EXPERTS SAY THERE IS STILL NO ROOM FOR COMPLACENCY, WRITES OLGA CRONIN , INFORMATION RIGHTS PROGRAMME OFFICER AT ICCL Shortly after, a group of data protection Surveillance tools have been rapidly and legal experts, academics, computer deployed across the world as a conse - scientists, and representatives from civil quence of Covid-19 while, at the same societies, such as the Irish Council for time, people’s movements have been Civil Liberties, and Digital Rights Ireland, restricted and extraordinary powers have met to discuss what was known and been bestowed on police to enforce what wasn’t known about the proposed these restrictions. app. Some of these tools have put a host of Four months, and more than a mil - people’s fundamental rights at serious risk. lion downloads, later, the same group n In India, a Covid-19 contact-tracing knows a lot more about the app — but app, , which involves still has concerns. Bluetooth and location data, started The group’s initial concerns about off as a voluntary app. Within weeks, the technology and the implications for it became mandatory for all employ - data protection and privacy were several- ees, public and private, with fold, not least because it was, as yet, non-compliance resulting in a crimi - he State’s plans to launch unknown what the app would be specifi - nal penalty. People accused of crimes a voluntary Bluetooth- cally used for, how long it would be in have been ordered to download it as based Covid-19 existence, and, at the most basic level, part of their bail terms; Tcontact-tracing app first came what evidence existed to show such apps n Hungary launched a quarantine- to light via media reports in were fit for purpose. These concerns monitoring app with facial March. weren’t groundless. recognition technology whereby a user checks in, with their identity and location data being automatically verified. At the same time, the prime minister, Viktor Orbán, suspended individuals’ data rights under the General Data Protection Regulation (GDPR) in relation to the processing of personal data for the purposes of recognising, preventing, and stop - ping the spread of Covid-19; n In Kenya, electronic and mobile phone surveillance has been used to target people who have escaped from quarantine centres, or to enforce a mandatory 14-day quaran - tine rule; n In Israel, there were attempts to There is no evidence to support the theory that contact-tracing enable the country’s internal security apps, in general, curb the transmission of Covid-19. service to retrospectively track Covid- 19 patients through their mobile

RIGHTS NEWS | SPRING & SUMMER 2020 COVID-19 EMERGENCY 17

phones in order to see whom they Instead, we have evidence from had interacted with prior to testing Stephen Farrell and Professor Doug Leith, July positive. Anyone found to have of Trinity College Dublin, that it would be 27 th breached quarantine orders could challenging for Bluetooth apps to discern ICCL raises serious have faced a six-month jail term. whether contacts are closer or further questions over the than 2m away; that app signals recorded Department of Thankfully, the HSE and the Department between users can vary depending on Social of Health’s Covid Tracker app does not whether people have their phones in Protection resemble the tools above. However, the their pocket or handbag, or whether decision to cut general global trend of normalising sur - they are on a bus or Luas, where metal hundreds of veillance during Covid-19 requires that reflects radio waves, or whether they are people off from we treat any new surveillance tool with standing side-by-side or one behind the the Pandemic Unemployment caution. This is crucial because other. Payment (PUP) because emergency measures often outlast emer - They have also found that for Blue - they have been abroad. gencies. What kind of new normal do we tooth apps using the Google/Apple API, want post-pandemic? false negatives — where people’s con - 29 th To help engage with the HSE and the tacts are not detected — may be Government performs department, our group published a set of unavoidable. self-described u-turn on nine principles which, we say, must be False positives are another concern. PUP, though many followed when the Government imple - This may have implications for people in discriminatory ments new technologies in order to terms of work or visiting family, and also provisions remain. ensure the technology aligns with legal affect the demand for Covid-19 testing. and human rights requirements, and The HSE and the department themselves August protects our privacy. state that they will advise Luas drivers It’s not like data protection and pri - who download the app to turn off the 18 th vacy concerns are alien to Ireland. One contact-tracing element while working, in ICCL opposes mooted only has to consider how the Data Pro - order to avoid getting false positive noti - return to garda powers. tection Commission found that the fications. Powers are not processing of personal data by the We also do not believe the symptom- reintroduced. Department of Employment Affairs and tracking element of the app, which has th Social Protection for the Public Services no proven efficacy, should be included in 28 Card violated privacy laws in a number of this app’s design. According to the Euro - Government suggests giving gardaí powers of ways, and ordered the destruction of data pean Data Protection Board, a Covid-19 enforcement to limit related to 3.2m cardholders. The Govern - app should have the single purpose of gatherings in the home ment has refused to comply, and the contact tracing. to six people. ICCL matter is now before the Circuit Court. The HSE and the Department of strongly Some of our principles were adhered Health have stated time and again that opposes the to and, on July 2, we applauded the HSE location data is not used by the contact- move. and the health department for uploading tracing app. Yet, within minutes of Government key documents about the app. It was one downloading the app on an Android forced to small click for the relevant authorities, phone, a journalist from this newspaper row back. but one giant leap for the State in terms was asked to turn on his location data. of transparency. This was, as we previ - We also have concerns that the ously said, unquestionably the model for Google/Apple API can affect the perform - all future DPIA processes by the State. ance of the contact-tracing element of However, we still have concerns. the app by silently updating the API and There is no evidence to support the affect the app’s false positive and false theory that contact-tracing apps, in gen - negative rate. eral, curb the transmission of Covid-19. There is a provision that the app will We have been told the HSE app can be ‘self-destructed’ within 90 days if “accurately detect 72% of close contacts found not to work. September will there - using the Google Apple API,” but we fore be an opportunity to review, reflect, have seen no public data supporting this and consider whether the app is an effec - figure. The DPC has also said the claim by tive part of Ireland’s response to the HSE and the department that an app Covid-19. Until then, ICCL welcomes can improve the speed and accuracy of ongoing engagement with the State manual contact tracing is “unproven”. about the app.

RIGHTS NEWS | SPRING & SUMMER 2020 18 OUR FREEDOM IS FRAGILE

“...WE PRESENTED THIS 9TH ANNUAL AWARD TO LIAM BECAUSE OF HIS ICCL HUMAN PASSIONATE AND OUTSPOKEN RIGHTS ON FILM ADVOCACY FOR MIGRANTS AND AWARDS! REFUGEES, AS Dunne, writer and star of Irish film, Her - WELL AS HIS e were extremely lucky self , with a special commendation going to have been able to FEARLESSNESS to Street Leagues , another Irish film. host our annual film Both films deal with the issue of home - IN POINTING OUT aWwards night on 6 March. One lessness. The award was presented by week later, and we would have INJUSTICE AND lifelong human rights campaigner and had to cancel! Thanks to all of ICCL member Ailbhe Smyth. NAMING THE you who made it along for a Liam Cunningham’s humanitarian great evening. SYSTEMS THAT work has included fundraising and advo - ARE TO BLAME Game of Thrones actor Liam Cunningham cacy work for migrants and refugees in received the first-ever ICCL Lifetime Con - South Sudan, Syria and Greece. While in FOR IT...” tribution to Human Rights Award . The Greece, he called on EU leaders to do new award is intended to honour a per - much more for the people who are son in the film industry who has used stranded there. He is currently an ambas - LIAM HERRICK their platform to passionately advocate sador for World Vision. DIRECTOR, ICCL for a better world. It was presented to Liam by his friend Husam Alhraki, a Syrian refugee now living in , in acknowledge - ment of the actor’s campaigning work on the rights of migrants and refugees. Liam and Husam met when Liam was visiting refugees in Jordan with World Vision. ICCL staff had the pleasure of showing Husam around Dublin when he got here, exchanging observations on the systems for international protection in Ireland and Germany. Director of ICCL, Liam Herrick, said of the night: “We presented this award to Liam because of his passionate and outspoken advocacy for migrants and refugees, as well as his fearlessness in pointing out injustice and naming the systems that are to blame for it. In these turbulent times, we need people like Liam who are unafraid to use their platform to help protect our human rights and fragile freedoms.” The 9th ICCL Human Rights Film Liam Cunningham, with his award, and his friend Husam Alhraki, a Award was presented to Clare Emma Syrian refugee now living in Germany.

RIGHTS NEWS | SPRING & SUMMER 2020 ICCL FILM AWARDS 19

Liam and Husam Alhraki recounted some entertaining tales at the Virgin Media Dublin International Film Festival awards ceremony, which was held in the Royal Hibernian Academy, Dublin.

The 9th ICCL Human Rights Film Award was presented to Clare Emma Dunne, writer and star of Irish film, ‘Herself’, with a special commendation going to ‘Street Leagues’, another Irish film.

Both films deal with the issue of homelessness.

RIGHTS NEWS | SPRING & SUMMER 2020 12 OUR FREEDOM IS FRAGILE

ICCL: OUR RESPONSE TO THE COVID PANDEMIC his year has not been easy for anyone. The ground has been cTonstantly shifting. But more than ever it has been critical to keep track of events in a rapidly-changing landscape.

ICCL, through the Irish media, has been monitoring events carefully, and responding in kind.

On this page are just a few exam - ples of our news coverage during this difficult time.

As always, we will continue to ensure that all our rights are upheld, and that COVID is not used in any way to dilute these rights.

To quote our Director, Liam Herrick, from his editorial: “...From the outset of the crisis in March, ICCL has played a leading role in advocating for human rights to be protected in all aspects of the State response...” e i ICCL would like to thank our funders and supporters who . d r a

make our work possible: o b g n i

RIGHTS NEWS w a Sigrid Rausing Trust r d e h

The Open Society Foundation t . w

The Community Foundation for Ireland w w

Irish Council for Civil Liberties, : The Irish Human Rights and Equality Commission n g i s

Unit 11, First Floor, 34, The European Commission e D

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Usher’s Quay, Dublin 8 n i l b

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Phone: +353-1-912 1640 ICCL’s members for your ongoing support. It's your support r u z

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RIGHTS NEWS | SPRING & SUMMER 2020