A civil rights group says there is "no precedent" in the Irish State's history for the current emergency powers currently being given to gardaí.
The Irish Council of Civil Liberties says the powers should only be reserved for the "most extreme" cases.
Last night, Health Minister Simon Harris signed the regulations giving effect to emergency powers to gardaí, allowing them to enforce the restrictions in place during the coronavirus crisis.
Anyone found to be breaking the rules could face a fine or a prison term.
The new powers are currently set to remain in place until midnight on Easter Sunday - however, that could potentially be extended if the current lockdown continues.
Garda Commissioner Drew Harris has insisted the force's community-based approach to date will not change, and that the powers will only be used as a last measure in serious cases.
However, Liam Herrick - Executive Director of the Irish Council of Civil Liberties (ICCL) - told The Hard Shoulder that the new powers represent a "different phase" compared to the measures to date.
He explained: “We’ve been very supportive of the public health approach that’s been taken by the Government - as I think, in fairness, an incredible proportion of Irish people have been.
“Whereas everybody accepts that our rights are restricted in the emergency situation… how that’s done - whether it’s done proportionally, and whether there are appropriate safeguards in place - aren’t just academic questions. They’re very real and substantial questions.
“We’re in unprecedented situation in terms of constitutional rights here. We’re all willing to make the sacrifices that are necessary… we’re all willing to come in behind the HSE, guards and State on this."
'There is no precedent'
Mr Herrick pointed to rules which will allow gardaí ask people for documentary proof to show they have a "reasonable excuse" for being outside their home.
He observed: “That goes against the whole tradition we’ve had of policing in the independent State in Ireland - there is no precedent, even during the Emergency during the Second World War, for the guards having these kinds of powers.
“Whereas it may be deemed necessary for this short five-day period, that’s not to say there aren’t risks associated with these kind of powers.
“It’s very difficult to see how these could be enforced and lead to prosecutions… I think the guards themselves don’t want to go down that road."
According to Mr Herrick, we now have "incredibly draconian and extreme powers in place" for a five-day period - even if they're not used.
He observed: "What we’re saying is let's keep the policing approach where it is now, notwithstanding these new powers, which is advice and consent… and only reserving these powers, if at all necessary, for the most extreme cases.”
He emphasised that the tone to date from An Garda Síochana has been “very conciliatory”, and said he doesn’t think they want to change their community-based approach despite the new powers.
He also said the Government has been very transparent about their approach and therefore received a lot of trust.
However, he warned that moving to an enforcement stage 'jeopardises that’ - and noted other countries have run into issues with that approach.
