The SCA notes that the Act does not provide explicit immunity for IHREC’s leadership and staff for official actions taken in good faith. The SCA further notes that Section 9(4) of the Act, which establishes IHREC as a corporate body that can sue and be sued, which the NHRI reports provides its members and staff with general indemnification from legal liability, provided that they act in good faith in their official capacity. In addition, the IHREC reported that staff of other independent bodies in Ireland have protection against defamation. 

The SCA is of the view that members and staff should be protected from legal liability for official actions taken in good faith. The SCA considers it preferable that such protections be explicitly provided for in the NHRI’s enabling law or in another law of general application. The SCA therefore encourages IHREC to continue to advocate for sufficient legal protections for its members and staff from legal liability for actions taken in their official capacity. 

The SCA refers to Paris Principle B.3 and to its General Observation 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’.