Courts / Ireland / Report

Bid by Waters and O'Doherty to challenge pandemic laws dismissed

Summary

The High Court has dismissed an application by John Waters and Gemma O'Doherty for leave to challenge pandemic-related legislation. Mr Justice Charles Meenan ruled that the applicants failed to provide expert evidence or facts to support their claims that the laws were disproportionate or unconstitutional. The judge described their reliance on unsubstantiated views and historical parallels as insufficient, noting they lacked medical or scientific qualifications. The applicants, who represented themselves, sought to quash various acts, including the 2020 Health Preservation and Protection Act, arguing they breached constitutional rights regarding travel, bodily integrity, and the family. The State and notice parties, including the Dáil and Seanad, opposed the application, with counsel describing it as a frontal attack on the separation of powers. The judge agreed that the legislation was constitutionally permissible and that the manner in which it was passed by the Oireachtas was not subject to judicial interference. He further noted that the case should have been brought by way of plenary hearing rather than judicial review. The applicants had indicated their intention to appeal to the Court of Appeal if leave was not granted. The decision was delivered electronically, and the matter is to be mentioned before the court again at a later date.

Who, what, where, when and why

What: Report matter: Bid by Waters and O'Doherty to challenge pandemic laws dismissed. Procedural stage: appeal

When:

• 2020-05-13 Publication

Places mentioned

Topics

Stage Appeal

Read the original CNI report