Declan Ganley takes action in Superior Court for Level 5 restrictions on attending religious services

THE BUSINESSMAN DECLAN GANLEY has initiated a challenge in the Superior Court against certain regulations aimed at preventing the spread of Covid-19 that, according to him, violates his constitutional right to religious freedom.

The Co Galway-based businessman, who is a practicing Roman Catholic, claims that as a result of the state’s implementation of what are known as Level 5 restrictions, he is unable to leave his home and attend mass.

It states that the measures, which were introduced last month and may expire on December 1, allow certain religious activities to take place, including weddings and funerals.

However, he claims the restrictions do not allow him or anyone else to want to attend mass or a similar religious service, which he says is protected by the constitution.

This, according to him, is a violation of his constitutional rights to practice his religion. As a result, it has initiated a judicial review process against the Minister of Health. Ireland and the Attorney General are notified parties to its proceedings.

The matter was brought before Judge Charles Meenan today, who said the proposed challenge relates to measures included as part of the government’s Level 5 plan to combat the pandemic.

Those particular measures, he said, may expire on Dec. 1, which, he said, may make Ganley’s action moot or worthless.

The judge added that there was no probability that what is a complex case, if the state defendants choose to challenge it, will be heard before the end of the month.

The judge, who ordered that the request for authorization to file the challenge be heard with notification to the State, postponed the matter until December 8.

In Superior Court, Ganley represented by Neil Steen SC, Darren Lehane SC, instructed by Gateley Tweed attorney Eamonn Cuningham, requests various orders and statements from the court.

These include an order repealing certain temporary regulations introduced as part of the government’s efforts to deal with the pandemic, namely Regulation 5 (1) and (3) of the Health Act of 1947.

It also requests statements from the court that the challenged rules are inconsistent with various articles, including article 44, where the state recognizes the right of individuals to freely practice their religion, of the Irish Constitution.

Alternatively, a statement challenged by the regulation does not prevent you from leaving your residence for the purpose of practicing your religion, including participation in public worship.