Businessman Declan Ganley has begun a constitutional challenge to the ban on attending Mass and other religious ceremonies which is part of phases 3-5 of the Government’s Covid-19 restrictions.

Mr Ganley argues that the measures preventing public worship are unconstitutional since Bunreacht na hÉireann enshrines the right to worship as a key part of religious freedom.

The matter came before Mr Justice Charles Meenan today who said the proposed challenge related to measures included as part of the Government’s Level 5 plan to combat the pandemic. Under the present law a cleric could be fined or even arrested for leaving his house to hold an act of public worship.

Those particular measures, the judge said, may expire on December 1st, which he said may render Mr Ganley’s action moot, or pointless. However, even if Level 5 comes to an end, public worship is still against public health advice in Levels 3 and 4.

The judge added that there was no likelihood of what is a complex case, if the State respondents choose to challenge it, being heard by the end of the month.

The judge, who directed that the application for permission to bring the challenge be heard on notice to the State, adjourned the matter to December 8th.