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Is there a constitutional problem with the loss of welfare payments? On 10 July, social welfare payment conditions were amended to allow holidays only when "in accordance with the Covid-19 General Travel Advisory in operation by the Department of Foreign Affairs".
The Green List published the @dfatirl might have been approved by the cabinet, but there is no form of corresponding secondary legislation. In any case, the order signed by the MEASP on 10 July refers only to DFA advisory, not any primary or secondary law.
http://www.irishstatutebook.ie/eli/2020/si/242/made/en/print
http://www.irishstatutebook.ie/eli/2020/si/242/made/en/print
The level of delegation from the social welfare act, to the minister, to an advisory note of a different department risks breaching the permissible delegation under Article 15, that laws should be made by the Oireachtas.
Since March, there has been a blurring in public pronouncements between advice and law. But this is the first time that there have been legal and personal financial consequences for a breach of advice.
There is also the problem of a lack of communication. This was signed on 10 July. I half noticed it in the list of SI only because I was looking out for orders on transfers of department duties after the formation of the government, but even then didn't read SI 242/2020 properly.
Minister Humphreys should have clearly notified recipients of these consequences, yet I cannot see the reference to this change in press releases since 10 July. That might have prompted at least some notice in the media.
https://www.gov.ie/en/publications/?type=press_releases&organisation=department-of-employment-affairs-and-social-protection
https://www.gov.ie/en/publications/?type=press_releases&organisation=department-of-employment-affairs-and-social-protection
Incidentally, the change to travel allowed is not listed on the government page of Statutory Instruments related to the COVID-19 pandemic, which lists the public health restrictions only.
https://www.gov.ie/en/collection/1f150-view-statutory-instruments-related-to-the-covid-19-pandemic/
https://www.gov.ie/en/collection/1f150-view-statutory-instruments-related-to-the-covid-19-pandemic/
