A LAWYER WRITES: ALL CITIZENS’ RIGHTS ARE EQUAL SO RESTRICTIONS MUST BE ENFORCED EQUALLY

LARGE groups of people congregating together appears to constitute an ‘event’ or ‘gathering’ which is prohibited under the Health Act 1947 – Covid-19 Emergency Measures Act 2020, s10 (16).

The section defines an ‘event’ as a ‘gathering of persons’ for cultural, social, recreational, community or other reasons. It would appear from this that gardaí have the power to disperse any gathering under the emergency legislation to prevent, minimise, or slow the spread of Covid-19 and tell the crowd to go home.

The question arises as to whether a caravan or campervan constitutes a dwelling home, defined in s2 as including a ‘temporary dwelling’ which includes a ‘van or any conveyance whether on wheels or not’.

However, as this does not extend to the land upon which the ‘home’ is parked, whether State or private, there is no unqualified right to remain there. It should be relatively

straightforward to ascertain whether those gathered have a permanent address to which they could be directed to return.

In the case of the Travellers on the Curragh, the gardaí have decided to leave them where they are rather than further break lockdown by moving them on. It may be that this medico-legal advice is seen as the ‘least harm’ option, to minimise the risk of infection on a wider geographical area.

In the interim, everyone camped at the Curragh is subjected to the same restrictions and monitoring as the rest of the population – that is a 2km radius for essential travel only – and this should be enforced.

The Act also gives the Minister power to restrict entry to the State at the ports to essential travel only. Again, it should be easy to ascertain whether the occupants of the UK-registered caravans noted at large funerals in the past week were coming for a defined duration, for example holidays or funerals or returning emigrants.

The rights of every citizen have been circumscribed for the duration of this emergency so it is imperative that the restrictions be equally enforced.