Teachers serve notice of #liability on #vaccination centre staff.

by Lawyers For Justice Ireland Tue Jan 25, 2022 23:19

statement from Lawyers for Justice Ireland

This is a long piece but worth reading

This is why the so called 'health measures' have changed!

YOU HELD THE LINE. YOU KEPT STRONG. YOU DID NOT LOSE FAITH

The Journal ie online reported on 13th January 2022 that Minister Donnelly stated:

“I think particularly the restrictions that impinge upon people’s freedoms, impinge upon people’s civil liberties, they’re very, very serious, even when they’re not under regulation, even when they’re advisory”

This begs the question: Why mention civil liberties now, Minister Donnelly? Is it because the continuation of the Vaccine Pass is no longer tenable due to the low booster uptake? Is it because you could not possibly extend the Vaccine Pass with the UK opening up? Did the tide of resistance become too strong?

After all, on 12th July 2021 Leo Varadkar made a clear statement to the media that:

‘Tanaiste says he hopes that people don’t see the reopening of indoor hospitality – for fully vaccinated people – as discrimination. He says that it is ENTIRELY A PUBLIC HEALTH MEASURE and will only last a few weeks’.

We strongly disagreed. Lawyers for Justice, together with a number of additional lawyers, put Minister Donnelly on notice in July 2021 as we did the rest of the Cabinet, 160 Td’s, 60 Senators and the President that the Vaccine Pass Bill breached human rights, civil liberties, contravened equality law, a right to privacy, was not necessary or proportionate and was unlawful. We also placed on record that the Bill breached European Law as Ireland was the only country in Europe at that time to remove rapid antigen testing as an option for domestic vaccine passes. We questioned why? We stated that in our opinion it was to coerce our young people to take the vaccine; that the vaccine portal for the young was opened at the same time as the legislation was passed through both Houses of Oireachtas and the Seanad at lighting speed; that the Department of Health and the NPHET must uphold human rights under Article 42 of the Irish Human Rights and Equality Commission Act of 2014; that this obligation to uphold human rights cannot be derogated in times of emergency. That the State failed in its duty to conduct an Equality Impact Assessment to demonstrate the necessity and proportionality of this matter, taking into account human and civil rights; that the State failed to carry out a Data Protection Impact Assessment on a person’s right to privacy. That the legislation was ethically and legally wrong.

We were proved to be right about the coercive effect of the Vaccine Pass in Ireland by removing the testing option. The Irish Times Vaccine Tracker records uptake by June 28th was at 52.36%. By October 11th, just over 3 months since the Vaccine Pass legislation was introduced, vaccine uptake increased to 91.70%, according to the Government figures published in those records.

One only has to look at the examples of other European countries and what has happened since. Germany removed the rapid antigen testing option for domestic passes to increase uptake of vaccines. France converted their health pass to a vaccine pass removing the testing option for the same reason. To coerce people to take the vaccine. Ireland was the testing ground and other European countries later followed suit.

The State proudly declared that we have one the highest uptake of vaccinations in the world. Lawyers for Justice do not share the State’s pride. We are sorrowful that so many young people in Ireland took the vaccine so that they would not be excluded from society. Coercion is not to be congratulated. The State must be held to account so this will never happen again.

There were those that publicly spoke out. Their actions will not be forgotten. For example, Michael McNamara TD, Mattie McGrath TD, Catherine Connolly TD and Senator Sharon Keogan, among others. Thank you. For your integrity. We will not forget you.

Our fight will continue to hold public officials to account. For if we do not, what lessons have we learnt? For they can do it all again if another emergency is called.

We must also continue to question our regulatory bodies for failing to take action to hold the State to account. These bodies are publicly funded by tax payers' money. For example, the Children’s Ombudsman has the role of protecting children's welfare. Why did the Children’s Ombudsman not intervene? Why did the Data Protection Commissioner not intervene? Why did the Irish Human Rights and Equality Commission not intervene? Why did the Health and Safety Authority not intervene?

Public health is NOT and never should be a justification for trunching our civil and human rights. Public health is NOT and never should be a justification for failing to safeguard the emotional, psychological, educational, pedagogical and physical welfare of our children.

The Press in Ireland that persecuted the unvaccinated must also continue to be held to account.

They instigated a campaign of hate. They vilified and dehumanised the unvaccinated. They thought it was fair game, to whip up division and segregation.

Collectively you fought back. You took action:

Against Senator Doherty’s comments in the Seanad about the ‘debate’ that was needed on ‘whether society will allow those 300,000 people who have made that personal choice to put everyone’s health in jeopardy’.

Against Joe O’Shea’s comments that the unvaccinated are “hard core cranks”

Against Professor Liam Fanning’s statement that ‘you must make it socially impossible’ for the unvaccinated ‘to do the things that we need to do, to live in this country’.

Against the Daily Mail front page headline on Bank Holiday Monday 25th October that the ‘Minister Declares War on the Unvaxxed’.

Against Pat Kenny’s statement to ‘tell the unvaccinated to stay at home’. That society is ‘too easy on the unvaccinated cohort…those who wilfully say no…’

Against Mary McCarthy’s Opinion Column comparing the unvaccinated to drink driving.

Against Fintan O’Toole for calling the unvaccinated egoists, paranoiacs and fascists.

Against Leo Varadkar’s Statement of ‘the 5pc that are causing a lot of trouble’.

Against Senator Horkan’s comments that the unvaccinated should be excluded from supermarkets.

Against Fine Gael senator John McGahon for his statement that 'anti-Covid groups' ' 'were bombarding the NPC with emails which are paralysing the good work of the council'.

You stood your ground. You did not waiver. You are the Guardians of our human rights and civil liberties.

You were laughed at, sneered at and jeered. You did not give up. You held your head high.

You fought the discriminatory Vaccine Pass on a daily basis at every level. You were frozen out of society. You could no longer go to a cafe, to the restaurant, to a pub, to the cinema, to see your children play sport. You could not participate in the clubs and social activities that you enjoyed so much. An active member for so many years only to be told you could not participate. You could not go the gym. You told us it was the one thing that kept you sane. You were informed that you could no longer attend your mental health support group. You were refused access to see your loved ones in nursing homes and hospitals. You told us of your pain as you were only able to see your parents for a limited time before they died.

You were refused access to your swimming pool on the grounds that the leisure centre had no separate changing facilities. You fought back. You were informed you could not go into the changing rooms with your children. You challenged this.

You were refused service outside a cafe even though this was unlawful. You stopped and had a drink outside a pub and were refused access to the toilets.

You were refused access to training courses and meetings held at hotels and other venues. You fought back. You were told you could not sit exams for the external course you studied so hard for. You challenged this.

You did not give in and your grassroots actions had an impact. You changed the maternity policy at Rotunda for companions through your collective action.

You watched your teenage children in tears as they could not go with with their friends to the cinema. To discos. To cafes. You asked us if you were doing the right thing. We responded: Hold the line. Your teenager will one day look back and thank you for your strength of spirit. You fought back on their behalf. You sent submissions on the irrational unaccompanied minors requirement that referred to the reported tsunami of mental health problems amongst children and young people because of lockdown measures. You changed policy on teenage discos. Your actions meant that under 18 year olds were not excluded from participating in Basketball. This had an impact on all other indoor sports. You safeguarded your children's physical and emotional welfare through your determination.

You fought against the primary school face mask policy. You legally challenged Minister Foley's statement that your children should stand down. You notified the Principal that your child should not be separated, isolated or questioned. Your brave young children went to primary school unmasked. We heard your pain when you reached out to us to say that your child was the only one in the class. We responded: your child will grow up to be a warrior. You did not give in.

You challenged the flu vaccine roll out in primary school settings by pharmacists, the change in law that was brought in unnoticed. You questioned the schools on Risk Assessments. As a result, there was a backtrack. You fought against the introduction of rapid antigen tests in the primary school setting. The test and stay model advocated by INTO. Your actions halted the transformation of a primary school to a medical centre.

You challenged the HSE public information on the roll out of the vaccinations for 5 to 11 year olds for Parents and Guardians. You asked why the HSE did not make it clear that the Covid 19 vaccination is subject to conditional marketing authorisation until 2023. You challenged teachers for asking about your child's vaccination status.

You never once gave up on your secondary school children. You campaigned relentlessly against the requirement to wear face masks in the classroom all day every day. You are still fighting and will not give up until your children can sit in a classroom unmasked.

Your children were informed they could not go to Open Days at Colleges. You fought back.

You could not attend your child's Graduation Ceremony. You fought back against your exclusion. You told us of your pain.

Your children were excluded from many aspects of University life. From going for a meal in the canteen to engaging in fresher activities The first year of their College experience.

Your little child could not go to see Santa at Christmas. You could not bring your child to indoor play centres or the cinema. You challenged this discrimination and even though your child was distraught you did not give in.

Your children were excluded from school trips in Europe. The only one in the class. You challenged this.

You were subjected to discrimination, humiliated and refused service at shops, even though you were exempt from wearing a face mask. You were asked for your papers even though this is unlawful. You did not give in. You took action. You protected your right to privacy. You refused to have your dignity stripped away.

Some of you reached out to us and cried bitter tears when you informed us that your son or daughter took the vaccine as they could no longer handle being frozen out of society.

The hundreds upon hundreds of Health Care Workers that contacted us. Once heralded as Heroes of the Frontline only to be then presented with a Risk Assessment and given an ultimatum to reveal your vaccination status. You fought back and refused to disclose your vaccination status.

You sent pre action letters requesting confirmation of the legislative basis under GDPR for this demand only to be met with silence. Your position was quietly changed under the guise of 'redeployment'. You challenged every step of the way. The requirement to wear additional PPE. The daily isolation from your former colleagues. The pressure of the threat of losing your income. You did not give in.

You were asked about your vaccination status after an interview for a job which you were offered. You challenged the withdrawal of offer. You were asked your vaccination status at your workplace. You challenged your Employer on the grounds of GDPR. You were suspended from your work for being unable to wear a face mask even though you were exempt. You challenged your suspension.

You were told you were irresponsible for not taking the vaccine at your antenatal checkups. You reached out and told us of your concerns of the pressure you were put under during pregnancy. That you would be isolated at hospital. You fought back and requested the HSE written policy and refused to engage in any more oral discussions.

You were informed by your doctor that you could not attend the practice if you did not wear a face mask. You tried to explain the trauma it caused to no avail. You fought back against your exclusion.

You were told you would be removed from the kidney transplant waiting list. You had been on the list for years and reached out in terror. You sent a pre action letter and the decision was reversed the very next day.

You were informed you could not have surgery. You fought back and requested the HSE written policy for such a decision.

There were times that many of you also reached out to us in despair. In the still of the night. In the early hours of the morning. To say that you felt that you could not go on. We said in response: hold the line. Collectively we will overcome.

On the morning of Monday 10th January you awoke to read the headlines ‘NPHET to consider mandatory vaccination’ in the Irish Times. We heard your feelings of terror, of despair and anguish. We challenged the headlines on a legal basis. We questioned why such an announcement would be made in the press at that time. Was it connected to the low uptake of boosters? We contended that the Department of Health was not independent and should not be instructed to do an 'ethical' report. We questioned why Ireland does not have an Independent Biomedical Ethical Committee.

The very next day it was reported that the Taoiseach Ruled out Mandatory Vaccinations.

You could not be broken. You will not be broken.

We will not go away. We will continue to fight. To ensure that never again will our our civil liberties and human rights be stripped away on the grounds of a public health emergency in a so-called democratic society or any other emergency.

We do not know if this is a temporary reprieve, but it matters not. For we will all keep our armour on.

We wish to extend our gratitude for your courage and for never giving up. For having faith in us and empowering yourself through legal knowledge to take action. We are a voluntary group of lawyers and associated professionals. Our recompense is your actions on a grassroots level. To hear you say that you have found your voice, you have spoken out and feel empowered. That is our reward.

The State eroded our civil and human rights from March 2020 to January 2022. Trust in the State has now gone. They failed to demonstrate any hallmarks of a democracy; openness, transparency and accountability. For it is when an emergency is declared that democracy is truly put to the test. We will remain in place to challenge any further interferences with our civil liberties and human rights as we must all remain vigilant.

In CMO, Tony Holohan's letter of 20th January 2022 to Minister Stephen Donnelly he stated:

'The pandemic is not over and the emergence of new variants with increased levels of transmissibility….Therefore, we cannot fully rule out the reintroduction of measures in the future and we must continue to ensure our response is agile and flexible, with an ability to pivot rapidly and respond to any emerging threat'

We will update you on any developments on the underpinning emergency legislation as soon as we are in a position to do so.

In the meantime BE PROUD OF YOURSELF FOR REMAINING STRONG, SOLID AND UNDAUNTED.