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A Whole New (Legal) World: The Law and COVID-19 Olivia Moore JS Law and Political Science The unprecedented Covid-19 pandemic has presented incredible challenges to governments around the world as they attempt to respond by adopting strict measures to prevent the spread of the virus. Ireland has been no exception. The government has endeavoured to respect citizens’ fundamental rights and freedoms, as well as equally to respect the rule of law, in the urgency of their response. This has undoubtedly been no easy task, as a very fine balance must be struck: stringent actions must be implemented for the protection of public health and society, yet human rights must not be infringed upon. All the while it remains vital that public trust and compliance be maintained. And what tool more apt than the law to facilitate this balance? As life ground to a halt, legal development soldiered on. In fact, it did more than that - it actually acted as the standstill’s trigger. Throughout the timespan of the pandemic, we have experienced constitutional challenges, emergency legislation, special court procedures and so much more. A capsule look at some of the major legal progress from the past few months reflects the extraordinary nature of the times we live in, and their consequences in law. Two emergency and absolutely remarkable Acts of the Oireachtas were enacted in March in response to the Covid-19 pandemic. These were the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (the first Act) and the Emergency Measures in the Public Interest (Covid-19) Act 2020 (the second Act). Both enacted record measures in terms of both restriction and intervention that, in any other context, would be seen as completely unacceptable in a democracy governed by the rule of law. The first Act contained the framework for the lockdown measures in Ireland and broadly implemented emergency international law in the form of the WHO International Health Regulations (IHR) of 2005 (as amended in 2016). This included unparalleled restrictions on the free national and international movement of persons and freedom of assembly, including religious and secular life events and ceremonies. This legislation also imposed the complete shutdown of all retail outlets apart from food outlets, and contained enforcement mechanisms such as police powers for criminal prosecutions, fines, and possible imprisonment. The second Act addressed the necessity of significant emergency financial and other regulatory interventions, in an attempt to alleviate the consequences of the lockdown enacted in the first Act. This included wage subsidy arrangements in order to continue employment for businesses disrupted by lockdown and enhanced social security payments for those “furloughed” as a result of lockdown. By extending the period of validity of certain licences, it even amended the Residential Tenancies Act 2004 that prohibited serving a notice of termination to tenants of a dwelling and prohibiting rent increases on dwellings for a period of three months.
And what tool more apt than the law to facilitate this balance? As life ground to a halt, legal development soldiered on. In fact, it did more than that it actually acted as the standstill’s trigger.
