Law Society President Michele O’Boyle (pictured) has told the Oireachtas COVID-19 committee that there are lessons to be learned from the State’s legislative response to the pandemic.

She said that although no state’s legal framework could have been fully prepared for the challenges of COVID-19, communication about some measures fell short.

Certainty

Ms O’Boyle said there was a need for clearer communication on precisely what restrictions were being imposed, the rationale for those restrictions, whether or not they were intended to have legal effect, and any sanctions for breaches.

“There should be certainty as to the nature of obligations placed on citizens,” she said, adding that guidance and statements from ministers were not satisfactory. If requirements were important enough to be mandatory, she said, they should be placed on a legal footing.

Recommendations

In a submission to the committee, the Society put forward a number of recommendations, including:

• Mitigating the Constitutional and legal risks arising from swiftly enacted emergency legislation,
• Enhancing the clarity of regulations and communications,
• Investment in fit-for-purpose technology platforms, particularly in support of remote court hearings,
• Investment in the Courts Service infrastructure, staff and other resources,
• Consistent application of robust safety measures for persons in custody and their solicitors in Garda stations.

Referring to the “seismic shift” to remote court hearings which began in April, the Law Society President said the changes in the courts triggered by the pandemic were likely to be permanent and had the potential to offer improved services.

But she told the committee that fit-for-purpose platforms must be available, and that it was important to continue to invest in courts’ infrastructure.

Ms O’Boyle also expressed concerns about crowding in certain courts, particularly in some District Courts.

Remote hearings debate

Law Society director general Ken Murphy, who also gave evidence to the committee, said remote hearings were the way of the future for some cases, but not all cases.

He said there was an ongoing debate about how well remote hearings can work in evidence-based and witness-based cases.

Mr Murphy also called for cutting-edge technology for use in remote hearings in Irish courts, but he warned that the Courts Service was suffering from a drop in income which was affecting its capacity to upgrade technology and to use outside facilities and premises.