Public worship challenge postponed again

A constitutional challenge to the ban on public worship has been postponed again.

In the High Court yesterday, the State clarified that it is an offence to leave your home to celebrate or attend a public mass, other than weddings or funerals.

The admission contradicted previous assurances from the Minister for Health, Stephen Donnelly, that it was not a criminal matter.

Judge Charles Meenan gave both sides two weeks to amend their filings in light of the clarification.

Galway businessman Declan Ganley first took the case in November alleging the restrictions are disproportionate and in breach of freedom of religion.

Meanwhile, in a letter to the Irish Times on Friday two law professors cited the case as an example of the Government misleading citizens about their legal obligations.

Prof Oran Doyle and David Kenny of the Covid-19 Law and Human Rights Observatory at Trinity College Dublin wrote: “In October, the Minister for Health told the Dáil that the organisation of religious services was not a criminal offence, but Gardaí continued to prosecute people anyway. The Government has now changed its interpretation of the law, maintaining in the High Court that the organisation of religious services is a criminal offence.”

In addition to other examples, they say The Government’s “persistent misrepresentation of citizens’ legal obligations offends the rule of law and corrodes public trust”.

The Iona Institute
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