Judgment reserved in Niamh Mulreany and Kirstie McGrath quarantine appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Supreme Court reserved judgment on Niamh Mulreany and Kirstie McGrath’s appeal against the High Court’s refusal to halt their proposed prosecution over alleged hotel quarantine breaches. Chief Justice Donal O’Donnell said the court would give judgment later, after submissions concluded on 7 March 2024.

The women were arrested at Dublin Airport on 2 April 2021 after returning from Dubai. They were charged with breaching Section 38 of the Health (Amendment) Act 2021 over their refusal to go to a designated hotel.

They said they could not afford the hotel stay, estimated at more than €1,800 each, and needed to return to their children. They said their child-minding arrangements covered only the time they were away.

Ms Justice Marguerite Bolger had dismissed their High Court application in 2023. The women appealed directly to the Supreme Court, arguing that the designation of countries for mandatory quarantine was unconstitutional and that the quarantine appeals process lacked a legally permissible basis. The respondents opposed the appeal.

The High Court had found that the legislation provided for the Minister for Health to designate states by decision, rather than by regulations. It also rejected the challenge to the quarantine appeals process.