McEntee urges appeals tribunal to ‘act urgently’ on McGurk’s presence at rally

Minister for Justice Helen McEntee has urged the International Protection Appeals Tribunal (IPAT) to "act urgently" after the appearance of one of its members, Una McGurk SC, at a rally in Dublin to protest against Covid-19 face-mask measures.

Ms McGurk was one of a number of speakers to address the rally on Custom House Quay, Dublin 1, which was attended by hundreds of protestors for several hours on Saturday.

The event was organised by the Health Freedom Ireland, which says it is a non-political organisation, with support from Yellow Vest Ireland.

It was addressed by, among others, members of the Irish Freedom Party, which supports "all efforts to strengthen the Irishness of Ireland" and which is opposed to Ireland's EU membership.

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It wants to "regain control" of borders so others from the European Union would not continue to have the "untrammelled right" to reside in the Republic.

While the event passed off largely peacefully, there were clashes between a very small number of those gathered and men who had come to the rally site to stage a counter protest.

Four arrests were made during the event, though they arose after isolated incidents.

Ms McGurk is one of almost 70 lawyers listed as part-time members of the IPAT, which deliberates on appeals in international protection, or asylum seeker, cases.

Minister for Children, Disability, Equality and Integration Roderic O’Gorman TD (Greens) issued a brief statement on Sunday relating to Ms McGurk’s appearance at the rally.

“It is vital that all members of the IPAT are objective in their work and that they are seen to be objective,” he said.

“I’ve raised my concerns over yesterday’s protest with Minister McEntee and I’ll be keeping in contact with her about this issue.”

In reply to queries to Ms McEntee the Department of Justice said the IPAT was, “by law”, run independently of the Department.

“The part-time members are appointed following a recommendation from the Public Appointments Service,” the reply from the Department said.

It is expected that the code of conduct that applies to part-time members of the Tribunal will apply.

“The Minister has statutory powers to remove a part-time member of the IPAT but obviously can only act in a considered fashion, following a report from the Tribunal itself. The Minister has asked the chair of IPAT to act urgently on this matter. It would not be appropriate to comment further before any report has been prepared.”

Ms McGurk’s address to the rally on Saturday focused on Covid-19, which she believed had been over-estimated in official data.

She at no time addressed immigration.

During her address she spoke of an “alleged spike” in Covid-19 cases and said “teenagers, children and young adults have no receptors for this virus so why should they have to wear masks at school”.

She believed “the laws are being driven by politics, not real science” and said the wearing of masks, which were now compulsory in some settings, were linked to health issues including a higher risk of cancer.

“The wearing of masks has little to do with protecting your health or someone else’s. It has everything to do with testing how compliant you are,” she told the crowd.

Catherine Murphy TD, co-leader of the Social Democrats, said Ms McEntee needed to address Ms McGurk's appearance at the rally to establish if it, and her comments, were in any way "contrary to the code of governance and ethics required for members" of the IPAT.

“At a time when we need to build solidarity and cohesion in society, the reported comments and appearance at the rally of a government-appointed member of the IPAT tribunal raises serious questions,” she said.

“The Minister for Justice needs to investigate this issue to ensure that confidence in the impartiality of members of this tribunal is maintained.”