Businessman Declan Ganley’s High Court challenge to the legality of the ban on attending public religious worship which operated at stages during the Covid-19 emergency has been dismissed.

Mr Justice Charles Meenan ruled the challenge was now moot, or pointless.

Mr Ganley had argued that although the disputed regulations have lapsed, the case raised important legal issues about the balance between the right to public worship and public health and the issues could arise again in the future. To not litigate them in court would mean there was no “right to an effective remedy”, as provided by Article 13 of the European Convention on Human Rights.

However, the judge said the constitutional rights to the free practice of religion are not absolute and restrictions must be “proportionate” to the circumstances of a given time and place which depend on the extent and effects of the particular disease.

Finding that the now rescinded restrictions were disproportionate would be of little value in considering the legality of similar restrictions that could be introduced in the future to deal with a different threat, he said.

He was satisfied Mr Ganley’s application was moot and should be dismissed.