Separation between Government and Nphet has become 'confused', warns watchdog

The ICCL has called on the Government to do more to ensure the law and legal process underpinning Covid restrictions comply with Ireland’s human rights obligations. Picture Denis Minihane 

The separation between the Government and the National Public Health Emergency Team (NPHET) became “confused” and needs to be clarified in order to retain public confidence.

This is the view of the Irish Council of Civil Liberties which will be given to the Oireachtas Covid Committee on Wednesday.

In their opening submission, seen by the Irish Examiner, the ICCL says now we are six months into the pandemic, it is “an opportune moment to review the nexus between NPHET’s advice and government decision making”.

The ICCL will say it is essential that the public can have confidence that decisions are being made in a considered manner and are grounded in strong and clear processes.

“ICCL supports the essential work of NPHET and we believe it is essential to ensure that its actual and perceived independence and integrity as an expert advisory body is protected,” its delegates will tell committee members.

“Critically, we believe that there must be clear lines of separation between NPHET’s formal advice to Government; the medical science upon which they are basing that advice; the Government’s interpretation of that advice and guidelines or legal requirements which Government chooses to introduce on foot of that advice, which are demonstrably in line with the state’s human rights obligations,” the ICCL said.

ICCL will says it believes that ensuring that all measures, including legislation and regulations, are compatible with human rights can strengthen public confidence in those measures.

“ICCL believes the Government can do more in this regard and in this submission we make some suggestions for how general rule of law principles and human rights standards can more effectively be taken into account in the development of Covid-19 policies and legislation,” the ICCL will say.

The ICCL will say it recognises that restrictions on certain rights can be justified in pursuit of public health aims but it also called on the Government to do more to ensure the law and legal process underpinning the restrictions complied with Ireland’s human rights obligations.

The ICCL will also say they have also urged all state actors including An Garda Síochána to ensure that any policy responses to the health crisis conforms with their human rights obligations. 

"For example, we consider the use of spit hoods by gardaí, introduced in the middle of the pandemic, could constitute inhuman and degrading treatment or punishment and should therefore be removed from garda kit," the statement says.

The human rights advocacy body says it accepted that some limits on rights were necessary but that each restriction must conform to human rights requirements and be prescribed by law, demonstrably necessary and proportionate. 

"Criminal sanctions should always be a measure of last resort," it says.