Advocacy group taking legal action over ‘toothless’ Covid-19 evaluation

Advocacy group taking legal action over 'toothless' Covid-19 evaluation

Darragh Mackin

An advocacy group for families with loved ones in nursing homes has accused the government of failing to meet its human rights obligations with its investigation into the impact of the Covid-19 pandemic on nursing homes.

Professor Anne Scott was appointed by the government in November 2024 to carry out an “evaluation” of Ireland’s response to the pandemic, including in nursing homes.

However, Care Champions has said it believes the evaluation process is inadequate as Professor Scott cannot compel the production of documents or attendance of witnesses.

The group has now issued formal legal correspondence through law firm Phoenix Law, asking the Taoiseach to urgently initiate a formal human rights-compliant investigation into the deaths and harm experienced in care homes and hospitals during the pandemic.

Darragh Mackin, solicitor for Care Champions said: “It is difficult to comprehend how the government ever contemplated that an evaluation with no teeth would ever absolve the state of its responsibility to investigate the very many tragic deaths in care homes and hospitals during the Covid pandemic.

“The very fact that the government has opted to provide a review without any power to require ministers or persons to provide documents or to give evidence in itself raises alarm bells.

“The current situation provides barren land in terms of transparency  and accountability.

“It is for this reason that Care Champions have now issued formal correspondence seeking immediate action requiring the government to act.”

Care Champions met with Professor Scott on Tuesday.

Majella Beattie, spokesperson for the group, said: “We found Ms Scott welcoming, forthcoming and transparent. However, we are deeply concerned with the inherent limitations of the evaluation itself due to the limitations in which it is held.

“The inability to compel witnesses and documents means that this investigation cannot be effective. We are also concerned that the evaluation will only be submitted to An Taoiseach and there has been no promise of publicising this document.

“For all these reasons, it is clear that there is a need for urgent action to ensure the victims get a human rights-compliant investigation.”

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