Ann O'Loughlin
Businessman Declan Ganley has gone to court because he claims the Level 5 Covid 19 restrictions prevent him from going to Mass.
He claims the Government introduced restrictions aimed at stopping the spread of Covid 19 breach his constitutional right to religious freedom.
The Galway based businessman, who is a practising Roman Catholic, claims that as a result of the State implementing Level 5 restrictions, he cannot leave his home and attend Mass.
He claims the measures, which were introduced last month and may expire on December 1st next, do allow certain religious activities to take place, including weddings and funerals.
However he claims the restrictions do not allow him or any other person who wishes to attend Mass or a similar religious service, which he claims is protected under the Constitution.
Constitutional rights
This he claims is a breach of his constitutional rights to practise his religion. As a result, he has launched judicial review proceedings against the Minister for Health. Ireland and the Attorney General are notice parties to his proceedings.
The matter came before Mr Justice Charles Meenan today who said the proposed challenge related to measures included as part of the Givernment’d Level 5 plan to combat the pandemic.
Those particular measures, he said, may expire on December 1st, which he said may render Mr Ganley's action moot, or pointless.
The Judge added that there was no likelihood of what is a complex case, if the State respondents choose to challenge it, being heard by the end of the month.
The judge, who directed that the application for permission to bring the challenge be heard on notice to the State, adjourned the matter to December 8th.
Quash temporary regulations
At the High Court Mr Ganley represented by Neil Steen SC, Darren Lehane SC instructed by solicitor Eamonn Cuningham of Gateley Tweed seeks various orders and declarations from the court.
These include an order that certain temporary regulations introduced as part of the efforts to deal with the pandemic, namely Regulation 5(1) and (3) of the 1947 Health Act, are quashed.
He also seeks declarations from the court that the regulations challenged are incompatible with various articles, including Article 44 where the State acknowledges the right of persons to freely practise their religion, of the Constitution of Ireland.
In the alternative he seeks a declaration that the regulations challenged does not prevent him from leaving his residence for the purpose of practising his religion, including participation in public worship.
