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Ryanair has said that the travel restrictions introduced by the government in response to the Covid-19 pandemic are outrageous, confusing, and damaging to both the public and its businesses.
The airline claims that the measures it says are restrictions on international travel are illegal and amount to disproportionate interference of it and the rights of its passengers.
In its action against An Taoiseach, Ireland, and the attorney general, the airline seeks several orders and statements, including one reversing the measures announced in late July.
States parties oppose the action and say that the announced measures are not mandatory but advisory in nature. It asserts that Ryanair has no legal basis to challenge the measures.
Aer Lingus, which supports Ryanair’s actions, is a notified party to the proceedings.
Opening the case, Martin Hayden, who appears with Eoin O’Shea for the airline, told Judge Garrett Simons that his side does not accept the state’s argument that the measures are advisory and restrict people’s freedoms.
He added that travel tips were becoming something they weren’t designed for in an absurd way.
The lawyer said the measures were confusing for members of the public and more clarity and explanations were needed.
People needed to understand clearly what can and cannot be done.
The measures, he said, have the same effect as the regulations that they should have been, but were not voted on or approved by the Oireachtais houses. The state, he said, had the ability to introduce legislation to support these measures, but did not.
The lawyer said the measures also have a real and coercive effect on anyone wishing to travel. During his court appearances, the lawyer said that one of the people for whom the travel measures had consequences was former EU Commissioner Phil Hogan, who resigned from his position following his controversial attendance at a golf event in Co Galway.
In its action, Ryanair questions the measures announced last July, which include that people do not travel outside the island of Ireland except for essential purposes and that everyone must spend their holidays at home in 2020. It also questions the requirement that people who return to the State from countries not on the designated list, known as the green list, to restrict their movements and isolate themselves for a period of 14 days.
Ryanair claims that the restrictions are also unconstitutional and violate various health laws, the European Convention on Human Rights and the European Charter of Fundamental Rights.
The State says that the Covid-19 travel advisory notice regarding non-essential travel is necessary, proportionate and transparent. The measures it adds are designed to deal with what is a global health emergency.
The case continues today as the State and Aer Lingus will delineate their cases in court.
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