Inquiry into state’s handling of Covid - 19 Pandemic BARRY HEALY & COMPANY, SOLICITORS, MONAGHAN
According to reports, the impending investigation would look into how the epidemic was handled in healthcare facilities including hospitals and nursing homes. The investigation's purview also includes an assessment of current public health recommendations, including:
mask usage
tests for antigens, and
the impact of following this advise on the economy
A draft of the proposed Terms of Reference describing the inquiry's scope has not yet been released by the government. Additionally, the members of the inquiry have not yet been appointed.
It is acknowledged that the investigation won't aim to assign blame or credit to specific people or organizations, but rather serve as a fact-finding expedition to guide future responses to public health catastrophes.
It is now believed that the investigation will look on how care facilities like nursing homes were managed throughout the pandemic. However, some have demanded a distinct investigation focused only on the problem.
Leo Varadkar, the Taoiseach, has said that the investigation will take the shape of a comprehensive public inquiry, although it is not yet clear whether it will be conducted by a commission of inquiry or a tribunal of inquiry. A commission is formed with the authority to look into particular issues, and they are usually presided over by judges or experienced attorneys. After its work is complete, the tribunal of inquiry or commission of investigation will present a report to the Oireachtas or a specific Minister, which may include recommendations.
The manner in which evidence is presented differs significantly between an inquiry commission and a tribunal of inquiry. Evidence is presented in front of the public during a tribunal of inquiry, and witnesses are entitled to legal counsel. Because of this, doing this kind of investigation may be expensive and time-consuming.
A commission of inquiry, which is constituted by government order and ratified by the Dáil and Seanad, is said to be a quicker and less expensive way of investigation. The Government or a specific Minister establishes the terms of reference, and testimony is normally provided before the commission in private. A specific Minister will receive the commission's final report on its conclusions. To protect the names of persons who provided testimony, reports are routinely anonymized.
There have been reports of worries about the potential delays brought on by a thorough public investigation. According to reports, there are also worries that the handling of secret information may provide difficulties for the bodies participating in the probe.
Recently, advocacy organizations expressed their worries through a confidential investigation. In a letter to the Irish Human Rights and Equality Commission (IHREC), more than ten organizations have called for a public inquiry based on human rights into the administration of care facilities during the pandemic.
The Irish Human Rights and Equality Commission Act 2014's Section 35 allows the IHREC to launch an investigation when there is proof of egregious human rights or equal treatment duties being violated. The letter's authors claim to have "clear evidence" of such infractions involving residents of residential care facilities, their relatives, and staff caregivers during the pandemic.
It is uncertain if the information given will meet the standard of proof necessary to demand a public inquiry. The request is being taken under consideration, according to an IHREC representative.
Conclusion
We must wait for more information to fully appreciate the investigation's potential scope since several parts have not yet been established. If the investigation is conducted in private, there may be fewer issues over data privacy, which will lead to a more efficient operation. However, considering how many people are advocating for the transparency of a thorough public investigation, this choice may come under intense scrutiny.
This article's informational content is being offered for informational purposes only; it does not constitute advice of any kind.
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