Annual Lecture 2022: Emergency Powers and the Executive: Reflections on the Past and a Vision for the Future - Remarks by Jim O’Callaghan TD

• Pages: pp 195 - 207
• Published date: 12 July 2022
• Date: 12 July 2022

195

Remarks by

JIM O’CALLAGHAN TD*

I. Preliminary

For nearly two years from March 2020, extraordinary restrictions were imposed

upon the lives of people living in Ireland. Measures that were never previously

contemplated were introduced, with considerable public support, to restrict

many fundamental rights which, although not absolute, were expressly protected

under Bunreacht na hÉireann, the European Charter of Fundamental Rights and

the European Convention on Human Rights. Freedom of movement, the right

to associate and the right to attend places of work and education were all ended.

People were precluded from visiting the homes of friends and relations. It was even

proposed by a state entity at one stage during that period that consideration should

be given to the introduction of mandatory vaccination of adults.1

e initial imposition of these restrictions was supported by the vast majority of

the public and all elected representatives in the Oireachtas as being appropriate

and proportionate considering the threat posed by the COVID-19 pandemic.

Inevitably, as time progressed and the threat from the disease declined, the initial

levels of support dropped but still remained strong. Fundamental rights were

restricted for nearly two years and were not restored permanently until four months

aer the vaccination of 92% of the adult population.2

e COVID-19 pandemic in Ireland has been the subject of signicant medical

and scientic assessment. ere have also been international political studies

assessing the comparative responses of dierent countries, including Ireland, to the

threat posed by the pandemic.3 e purpose of this talk is not to review or question

the decisions that were made by the Irish government on foot of the public

health advice it received during the pandemic (although that issue does deserve

appraisal and review for the purpose of preparing future public health ocials

* Jim O’Callaghan is a Fianna Fáil TD for Dublin Bay South. Jim was made Senior Counsel in 2008.

He also served as legal adviser to Fianna Fáil from 2011–2016. In May 2016, following his election

to Dáil Éireann, he was appointed party front-bench spokesman on Justice and Equality. Any views

or opinions expressed in this piece are the personal views and opinions of the speaker.

1 Minutes of a meeting of the NPHET on 16 December 2021 noted that it will discuss the issue of

mandatory vaccination at a later date and that this discussion will be facilitated by a forthcoming

paper from the Department of Health on the relevant ethical and legal considerations pertaining to

this topic.

2 By 27 September 2021 92% of the adult population was vaccinated. Restrictions were not fully

lied until 22 January 2022.

3 e Oxford COVID-19 Government Response Tracker (OxCGRT).