High Court to hear Irish Coursing Club injunction next week

The ICC say that because the coursing season is ending in a few weeks' time, it is vital that its injunction be heard as soon as possible

Earlier this month 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. File photo: Stephen McCarthy/Sportsfile

A High Court judge will next week hear an application brought by the Irish Coursing Club which wants coursing activities to be allowed during a Covid-19 lockdown.

The ICC is seeking the injunction, as part of judicial review proceedings it has brought against the Ministers for Health and Housing, Local Government and Heritage, because the annual coursing season is limited, and is due to finish at the end of February.

The State parties are opposing both the proceedings and the injunction, which if granted would allow coursing events to take place, subject to various Covid-19 measures being in place.

When the matter was briefly mentioned before Mr Justice Charles Meenan today the court said the one-day application has been assigned to a judge and could be heard on Tuesday of next week.

Earlier this month 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.

The ICC, represented by Martin Hayden SC, claims 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.

Mr Hayden said that because the season is ending in a few weeks' time, it was vital for his membership that the application for an injunction, which would remain in place until the full action had been determined, be heard as soon as possible.

In its action, the ICC claims when the Government announced its latest round of restrictions last month, coursing was delisted as a permitted sport.

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

No reasons were given to it for its delisting, the ICC also claims.

As a result, the ICC has brought an action where 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.

The ICC says its exclusion from the list of permitted sports 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 alleges that the decision to delist it is tainted by a perception of alleged 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 allegedly consulted with Green Party Ministers Eamon Ryan and Catherine Martin, who also want coursing prohibited.