Court application by John Waters and Gemma O'Doherty over Covid-19 laws adjourned

John Waters and Gemma O'Doherty at a previous sitting last month

John Waters and Gemma O'Doherty's High Court challenge against laws introduced due to the Covid-19 pandemic has been adjourned to later this afternoon.

In judicial review proceedings against the State and the Minister for Health, they seek to have various pieces of recently enacted legislation quashed by a judge of the High Court.

As was the case when the matter was before the court last week there was tight security and a large Garda presence around the Four Courts Complex.

Supporters of the two journalists remained outside barriers erected by the Gardai close to to the courtroom where the case is being heard, when only a limited number of persons were allowed in due to the pandemic.

Their application for permission to bring the challenge came before Mr Justice Charles Meenan at the High Court on Tuesday morning.

However, at the outset of the hearing counsel for the state Patrick McCann SC, appearing with Gerard Meehan Bl asked the court to adjourn the matter to 2pm today.

This was to allow the state consider a sworn statement from the applicants in support of their claim which counsel said he had not seen and had only received shortly before the hearing was due to commence.

Mr Waters and Ms O'Doherty said that they were anxious that the application be heard as soon as possible, and opposed the adjournment.

Mr Waters told the court it was not possible to have the statement done any earlier.

He said they had received a mountain of a paper in response to their action from the Department of Health on Sunday night, which they needed to consider.

Mr Justice Meenan said he was agreeing to the State's request and adjourned the matter to 2pm.

In their action, Ms O'Doherty and Mr Waters have challenged legislation including the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act Covid-19 Act, The 1947 Health Act (Affected Areas) Order.

Their proceedings are also aimed at striking down temporary restriction regulations brought due to Covid-19 under the 1947 Health Act.

The High Court had previously directed that the application for permission to bring the challenge be heard in the presence of the respondents.

The State is opposing the application for leave, and says that the claims are not arguable.

The Dáil, the Seanad and the Ceann Comhairle, which have been added as notice parties to the action because part of the challenge concerns how the laws the enacted is also opposed to leave being granted.