Rule of law

Generally, participants considered that the rule of law functioned well in Ireland. With regard to access to justice, some participants mentioned high legal costs, and problems relating to access to legal aid. The means test was set at a level that did not reflect real income levels in Ireland, precluding most from receiving legal aid. Furthermore, the exclusions from coverage were too broad, as legal costs linked to e.g. tribunals, quasi-judicial bodies, and labour courts were excluded. A recent review recommended allowing for multi-party action, but no concrete progress had been made. Court organisation also needed to be improved, although progress had been made due to COVID-imposed rationalisations.

Corruption affected Ireland more than the best performing countries on the corruption perception index, although adequate safeguards against abuse of power were in place. Recommendations issued in 2012 by the Mahon Tribunal (established in 1997 to look into allegations of corrupt payments to politicians) partly been implemented, including safeguards for conflict of interest, and the establishment of a committee responsible for declaration of interests and gifts received and donations to political parties and politicians, but some recommendations, for example on liabilities, still need to be implemented. There were no room for complacency, according to the participants. One participant expressed concerns about implementation of the Lobbying Act and the Act protecting whistle-blowers, as well as the phenomenon of "the revolving door" between the public and private sectors. 

The absence of a proper and rigorous human rights analysis of COVID-19 related legislation was mentioned. This could also be related to the lack of a human rights and equality committee within the Parliament. The prisoner complaint system had not been operating properly over recent years, which had caused particular challenges in terms of reporting inmates' needs or violations of rights during the pandemic. The situation was amplified by the fact that external monitors like CSOs were not allowed to access prisons during the pandemic.