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Businessman Declan Ganley has filed a High Court appeal against some regulations aimed at preventing the spread of Covid-19 which, according to him, violate his constitutional right to religious freedom.
The Co Galway-based businessman, who is a practicing Roman Catholic, says that as a result of the state’s implementation of so-called level 5 restrictions, he is unable to leave his home and attend mass.
He argues that the measures, which were introduced last month and could expire on 1 December next, allow some religious activities, including weddings and funerals.
However, he says 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 by the Constitution.
This, he says, is a violation of his constitutional rights to practice his religion. As a result, he initiated judicial review proceedings against the Minister of Health.
Ireland and the Attorney General are parties to its proceedings.
The matter was presented to Judge Charles Meenan on Friday, who said the proposed challenge related to the measures included as part of the government’s Level 5 plan to fight the pandemic.
Those particular measures, he said, could expire on December 1, which could make Mr. Ganley’s action questionable or unnecessary.
The judge added that there was no likelihood of what is a complex case if state respondents choose to challenge it, being heard by the end of the month.
The judge, who ordered that the request for authorization to propose the appeal be heard with prior notice to the state, adjourned the matter to 8 December.
In the High Court Mr Ganley represented by Neil Steen SC, Darren Lehane SC appointed by Gateley Tweed attorney Eamonn Cuningham seeks various orders and statements from the court.
These include an order that some temporary regulations introduced as part of the government’s efforts to tackle the pandemic, namely Regulations 5 (1) and (3) of the 1947 Health Act, be canceled.
It also asks the court for statements that the contested regulations are incompatible with various articles, including Article 44, in which the state recognizes the right of individuals to freely practice their religion, of the Irish Constitution.
In the alternative, a declaration that the contested legislation does not prevent him from leaving his residence to practice his religion, including participation in public worship.
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