Declan Ganley challenges level 5 restrictions which 'prevent him going to Mass'

Declan Ganley claims the Government-introduced restrictions aimed at stopping the spread of Covid-19 breach his constitutional right to religious freedom. Picture: Julien Behal/PA Wire

Businessman Declan Ganley has gone to the High Court court because he claims the level 5 Covid-19 restrictions prevent him 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 Co 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 1 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.

Judicial review proceedings

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 Government's level 5 plan to combat the pandemic.

Those particular measures, he said, may expire on December 1, 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 8.

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 do not prevent him from leaving his residence for the purpose of practising his religion, including participation in public worship.