A new inquiry into the State’s handling of the Covid-19 pandemic is likely to hear from frontline health workers and families who lost loved ones, but there may not be an entitlement to privilege if allegations against named individuals are made.
The shape of the examination into the State’s handling of the Covid-19 pandemic is now emerging, with the inquiry due to be set up in the next 12 weeks. It will likely take up to 18 months to complete its work. Senior officials are now finalising the terms of reference for the process.
While the exact way in which the inquiry will take place has not yet been finalised, officials are understood to have examined the pros and cons of mechanisms such as a commission of investigation, a tribunal mechanism or a scoping inquiry.
A senior source confirmed that while there will be a public aspect to the inquiry, where written or verbal submissions can be made, the intention is that individuals will not be able to make allegations and be automatically entitled to legal protection or privilege.
The plans are due to be considered by Ministers at one of the first Cabinet meetings of the new political year, it is understood. The Department of Taoiseach has been leading the work for setting up the parameters of the inquiry.
It is expected to comprise a panel and chair, although the Coalition could face difficulty in appointing members. This is because the Government wants to appoint members who are independent and who did not have a role in either managing the pandemic and who did not disclose publicly their opinion of the handling of Covid-19.
Sources have also confirmed that the terms of reference will be broad and that the scope of the investigation could result in a lengthy process. It is hoped that it will be set up in the first three months of 2024 and will last between 12 and 18 months, although any delay in appointing inquiry members could potentially lead to further slippage. The inquiry will look at the public health response as well as the economic, social and educational aspects. It will consider the response and situation inside hospitals, in the community, and in nursing homes.
“This will be about what happened, what was done well, and what could have been done better. It is not about blaming or exonerating anyone,” a source said.
In the coming weeks, the Government intends to consult Opposition party leaders once the terms of reference are finalised.
Sinn Féin health spokesman David Cullinane said his party wants the forthcoming inquiry “to fully examine the State’s preparedness and response to the pandemic”.
“This has to include healthcare capacity, including ICU capacity and the response to Covid in nursing homes and in hospitals. The families of those who lost loved ones in healthcare and nursing home settings should be consulted through representative groups. Any inquiry must be about establishing the facts as to the State and the Government’s response to Covid. There must also be recognition of the heroic efforts of frontline and essential workers across all services and the economy.”
Senior officials are understood to have considered the structure of Covid-19 inquiries in other countries as part of their scoping work.
In Sweden, a government-appointed commission was set up and was made up of a panel of eight experts. The final report found that Sweden – which chose not to follow many other countries into ordering lockdowns – should have shut venues and taken other tougher measures earlier, although its no-lockdown strategy was found to be broadly beneficial.
In Italy, one of the worst-hit EU countries at the earliest stage of the pandemic, a parliamentary inquiry was ordered last summer.
In the UK, a public Covid-19 inquiry is under way and is not expected to conclude its work until 2026 or potentially later.
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