Court to rule tomorrow on Covid-19 application by John Waters and Gemma O'Doherty
The High Court will rule tomorrow on the application by John Waters and Gemma O'Doherty for permission to bring a challenge against laws introduced due to the Covid-19 pandemic.
In judicial review proceedings against the State and the Minister for Health the two journalists seek to have various pieces of recently enacted legislation relating to the coronavirus, which they say are unconstitutional and flawed, quashed by a judge of the High Court.
They also wanted the court to make a declaration that the legislation challenged was unconstitutional.
Mr Justice Charles Meenan, will give his decision on a preliminary issue in the action which is whether the journalists have an arguable case which can be considered before a full hearing of the court.
The State, and lawyers acting for the Dail, Seanad and the Ceann Comhairle who were notice parties to the proceedings, had argued during a two-day leaving hearing that permission should not be granted.
In their action Ms O'Doherty and Mr Waters, who represented themselves, challenge 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.
They claim the laws, and the manner in which they were enacted, are repugnant to several articles of the constitution including rights to travel, bodily integrity and the family.
The two day hearing, as well as earlier hearings of the application, saw a large number of Gardai around the Four Courts complex to ensure that social distancing regulations, which including limiting the number of persons that can attend court hearings, were maintained.
The claims are denied.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
