Coursing club lawyers ask court to give priority to Covid restrictions challenge

The judge said it was not within his power to give the case a priority listing.

The Irish Coursing Club told the High Court that the annual coursing season is limited, and is due to finish at the end of February. File picture: Sportsfile

The Irish Coursing Club has asked the High Court to hear its application for an injunction allowing its activities to re-commence as a matter of urgency.

The ICC's Martin Hayden told the High Court on Friday that because the annual coursing season is limited, and is due to finish at the end of February, it was vital from his client's perspective that the injunction be given some priority by the court.

The club's proceedings are against the Ministers for Health and Housing Local Government and Heritage, who are expected to oppose the injunction application.

Earlier this week the Irish Coursing Club (ICC), which regulates hare coursing in Ireland, launched a legal challenge against the State's failure to include it in a list of activities allowed to operate during the current Covid-19 restrictions.

Coursing events had been allowed take place during the run-up to Christmas, due to its inclusion on a Government-approved list of permitted sports.

However, the (ICC) said on Christmas Eve, when the Government announced its latest round of restrictions, coursing was delisted as a permitted sport.

The ICC says while its activities were de-listed other similar sports, including its sister sport greyhound racing, horse racing and other equine activities, have been allowed by the Government to proceed.

No reasons were given for its delisting, the ICC also claims. As a result, the ICC has brought proceedings against the Ministers for Health and Housing, Local Government and Heritage.

It seeks various declarations and orders including one setting aside the Minister for Health's decision to delist the ICC and its sporting activities set out in statutory instrument under the 1947 Health Act.

It also wants an order reinstating the ICC and coursing to the list of sports permitted to operate. It further seeks an injunction allowing it to resume its activities pending the outcome of its full judicial review proceedings.

When the matter returned before the court on Friday Mr Hayden, appearing with Eoin O Shea Bl, for the ICC said that the parties had agreed that the injunction could be listed for hearing on January 19 next, subject to the availability of a judge to hear the matter.

It was vital for his membership, who he said do not receive any state subsidies, that this aspect of their case be determined as soon as possible.

Caren Geoghegan Bl for the respondents said their side was not objecting to the injunction application being heard on January 19, and added that the matter could take a day to hear.

Mr Justice Mark Sanfey adjourned the matter for mention to a date next week.

It would be up to the judge in charge of the judicial review list to determine exactly when the injunction application should be heard, the judge said, as it was not within his power to give the case a priority listing.

Irish Coursing Club claims perception of bias

Previously the court heard that the ICC says its exclusion is flawed, irrational and unreasonable on grounds that the Minister for Health Stephen Donnelly decided to delist coursing without consulting either the Departments of Agriculture and Housing, Local Government and Heritage.

Those departments are responsible for coursing, the ICC claims.

It also claims that the decision to delist it is tainted by a perception of bias because Minister Donnelly had in 2015 voted in favour of legislation banning coursing.

The ICC also alleges that in advance of the delisting decision Minister Donnelly had consulted with Green Party Ministers Eamon Ryan and Catherine Martin, who also want coursing prohibited.

The ICC says it has complied with all Covid-19 restrictions and guidelines, and had held events behind closed doors.

It had also submitted a Covid-19 response plan as part of its detailed submissions to the Department of Agriculture about the pandemic's effects on the sport.

Coursing had been included on a list of permitted sports, and coursing events had taken place during the later months of 2020.

However, on December 24, without any consultation or notice, coursing was delisted, while horse racing and greyhound racing were allowed to continue.

This was done despite the fact the Minister for Health was aware that the ICC had events listed over the festive period, the ICC also claims.