Human rights group: Two-week quarantine and Garda powers 'raise issues' amid pandemic

ICCL Executive Director Liam Herrick.

Imposing a blanket 14-day quarantine on anyone entering Ireland raises "a number of human rights issues", the Irish Council for Civil Liberties (ICCL) has warned.

The ICCL raised their concern with members of the special committee on Covid-19 response, noting a particular issue with suggestions that gardaí may have a role to play in enforcing a mandatory quarantine.

"Such an approach is not in line with our understanding of the position of the World Health Organisation," ICCL Executive Director Liam Herrick wrote.

Taoiseach Leo Varadkar last week confirmed a 14 day self-isolation would be mandatory for all passengers arriving at Irish ports or airports, with citizens required to fill out a form on where they will be staying.

ICCL warned significant pre-legislative scrutiny will be required before the implementation of any further measures, such as a quarantine, and criticised the Minister for Health Simon Harris for not carrying out a human rights assessment ahead of extending garda powers. It also urged the government to reduce the extent of garda powers.

Specifically on the quarantine issue, Mr Herrick said "such regulations raise a number of human rights issues".

"Creating a blanket legal requirement to self-isolate is a significant interference with the right the liberty and free movement," he said.

"Any such interference must be proven to be necessary and proportionate to the ongoing health risk posed by Covid-19. This means that there needs to be clear advice from health experts that this is required. And it needs to be the least interference possible to achieve public health aims."

The blanket quarantine without sufficient health context would represent "too broad a restriction on rights to be proportionate", ICCL said.

It's disappointing that govt have extended garda powers of arrest & detention into phase one of reopening. The WHO has said that an emphasis on openness and cooperation brings best health results.
We will continue to seek a return to policing by consent in phase two.

— Irish Council for Civil Liberties 🏳️‍🌈 (@ICCLtweet) May 15, 2020

Additionally, suggestions that gardaí might police the quarantine is not in line with the position of the World Health Organisation and could also represent "a significant interference with the constitutional right to the inviolability of the home" and would exceed the powers in the emergency health legislation, ICCL warned.

Such powers were specifically cautioned against by Margaret Harris of the World Health Organisation when she spoke on RTE radio recently and said heavy-handed measures, like a garda-enforced quarantine, would be counter-productive as "enforcement could drive people underground" and would force them to conceal symptoms or not seek help when needed.

"We believe, at this stage of the response to the crisis, extraordinary police powers should be reduced and not enhanced," Mr Herrick said.