Courts / Dublin / Report

Health Minister did not have power to order mandatory quarantine, lawyers for 'Dubai Two' tell Supreme Court

Date
2024-03-07

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

The Supreme Court has adjourned the matter following the conclusion of submissions in an appeal by Niamh Mulreany and Kirstie McGrath. The two women, who were charged with breaching Section 38 of the Health (Amendment) Act 2021 for allegedly refusing mandatory quarantine upon their return from the UAE in April 2021, challenged the constitutionality of the Minister for Health's power to designate states for mandatory hotel quarantine. Their legal team argued that this delegation of powers breached the separation of powers and that the measures should have been introduced via legislation rather than Ministerial order. They also alleged a lack of a legally permissible appeals process. The respondents, including the Director of Public Prosecutions and the Ministers for Foreign Affairs and Health, opposed the appeal, arguing the High Court's previous dismissal of their application should stand. The High Court had previously rejected their claims, noting the Oireachtas had applied scrutiny to the power of designation and included a sunset clause. The Supreme Court, presided over by Chief Justice Donal O'Donell, was asked to determine questions regarding Article 40.4 of the Constitution and the permissibility of delegated powers. The court stated it would deliver its judgement at a later date, meaning the case remains pending and has not been finalised.

Who, what, where, when and why

What: Report matter: Health Minister did not have power to order mandatory quarantine, lawyers for 'Dubai Two' tell Supreme Court. Procedural stage: sentence

When:

Friday April 2, 2021 Incident
March 2021 Other
2024-03-07 Publication

Why: They were granted bail by the District Court the day after their arrest but were unable to take it up because they could not afford it. CNI source report