Courts / Dublin / Report

State rejects claims that hotel quarantine during pandemic was unconstitutional

Date
2022-11-09

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

The State has rejected claims that mandatory hotel quarantine measures during the pandemic were unconstitutional, in a High Court case brought by Niamh Mulreany and Kirstie McGrath. The two applicants, who are lone parents, were arrested at Dublin Airport on April 2, 2021, after refusing to undergo mandatory quarantine at a hotel following their return from Dubai. They alleged they could not afford the €1,800 cost per person and that their childcare arrangements were only valid for the duration of their holiday. Acting for the State, Michael Cush SC argued that the Minister for Health was lawfully entitled to designate the UAE as a country requiring mandatory quarantine under the 1947 Health Act, noting the measure included a sunset clause requiring Oireachtas approval for extension. The State also dismissed arguments that the appeal process for quarantined individuals breached the constitution. The applicants, seeking to halt their prosecutions, alleged that the Ministerial order breached the separation of powers and should have been introduced via legislation. They also claimed the offence of resisting transfer to a designated facility was invalid and sought damages. Arising from their refusals, both applicants were charged with breaches of the 1947 Health Act, facing potential fines of up to €2,000 and imprisonment if convicted. The hearing before Ms Justice Marguerite Bolger continues, with the judge indicating an intention to reserve her decision following the conclusion of submissions.

Who, what, where, when and why

What: Report matter: State rejects claims that hotel quarantine during pandemic was unconstitutional. Procedural stage: sentence

When:

April 2, 2021 Incident
March 2021 Other
2022-11-09 Publication

Why: The women refused to undergo mandatory quarantine at a hotel because they claimed they could not afford the cost of the stay at €1,800 each and because childcare arrangements they had put in place were only for the duration of their holiday. CNI source report

Case subjects

Health Act

Applicant

Outcome: Arising out of their refusals to go the hotel, both applicants were charged with breaches of the 1947 Health Act and if convicted face fines of up to €2,000 and a period of several months' imprisonment.

Kirstie McGrath

Applicant

Niamh Mulreany

Applicant