Courts / Ireland / Report

Application over Covid-19 laws to be heard next week

Summary

An application by John Waters and Gemma O'Doherty for permission to challenge legislation enacted during the Covid-19 pandemic was mentioned before the High Court on Tuesday. The applicants seek to quash various laws, including the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act (Covid-19) Act, and the 1947 Health Act (Affected Areas) Order. The State, represented by Patrick McCann SC, opposes the application, arguing the claims are not arguable. Francis Kieran BL, representing the Dáil, Seanad, and Ceann Comhairle as notice parties, also opposed granting leave. Mr Justice Charles Meenan declined to grant permission at this stage, stating the applicants must prove the threshold for leave has been crossed. The judge suggested adjourning the hearing to allow applicants time to review responses from the State and notice parties. Mr Waters preferred the case proceed as scheduled on May 5th, describing it as one of the most important in Irish history, but agreed it could be delayed to Wednesday if necessary. The applicants also raised concerns about public access to courts, alleging breaches of constitutional requirements. Mr Justice Meenan rejected these claims, confirming the proceedings were held in public in accordance with Article 34 of the Constitution, with media present to report on the case.

Who, what, where, when and why

What: Report matter: Application over Covid-19 laws to be heard next week. Procedural stage: hearing_or_decision

When:

• Tuesday, May 5th Hearing Or Sentence
• 2020-04-28 Publication

Why: Francis Kieran BL, for the the Dail, the Seanad and the Ceann Comhairle, which have been added as notice parties to the action because part of the challenge concerns how the laws were enacted, said his clients were also opposed to leave being granted. CNI source report

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Stage Hearing Or Decision

Read the original CNI report