The Supreme Court has agreed to hear two Dublin women’s appeal against the High Court’s refusal to halt their prosecution for allegedly refusing to quarantine at a hotel during the Covid-19 pandemic following their return to Ireland from a holiday in Dubai in 2021.
The Supreme Court said issues of general public importance were raised in judicial review proceedings brought by Niamh Mulreany (27) and Kirstie McGrath (32) over the delegation of powers to the Minister for Health to require people coming from certain states to undergo mandatory quarantine on their arrival here.
Earlier this year Ms Justice Marguerite Bolger dismissed the women’s application for orders preventing their proposed prosecution before the District Court for alleged breaches of measures introduced during the pandemic.
Ms McGrath of St Anthony’s Road, Rialto, and Ms Mulreany Scarlett Row, Essex Street West, were arrested at Dublin Airport on April 2nd, 2021, on their return from the UAE, where they had intended to undergo cosmetic surgery but ultimately did not.
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On their return to Ireland they and most other passengers travelling from certain designated countries, which at the time included the UAE, were required to undergo mandatory quarantine at a hotel for up to 14 days.
Both women refused to go to the hotel claiming they could not afford the cost of staying there, estimated at more than €1,800 each, and because they needed to get back to mind their children.
Arising out of their refusal, both were charged with breaches of the 1947 Health Act and, if convicted, face fines of up to €2,000 and a period of several months’ imprisonment.
Represented by Mark Lynam SC and Keith Spencer BL, the women’s action is against the Director of Public Prosecutions, the Ministers for Foreign Affairs and Health, Ireland and the Attorney General.
The application was opposed by the respondents.
The Irish Human Rights and Equality Commission is a notice party to the appeal.
A three-judge panel comprising Mr Justice Peter Charleton, Mr Justice Brian Murray, and Ms Justice Aileen Donnelly agreed the Supreme Court should determine the appeal.
Right to liberty
The court will be asked to determine issues including if Article 40.4 of the Constitution, which guarantees the right to liberty, cures any constitutional defects in the regime being challenged, or if the nature of the emergency then faced by the state justifies the measures adopted by the Minister for Health.
The court will also be asked to determine if it is constitutionally permissible for the Oireachtas to delegate certain powers allowing the Minister for Health to make regulations. It will be further asked to consider issues regarding the constitutionality of the appeals process contained in the quarantine requirements.
While the two women were abroad, the State introduced quarantine requirements for persons entering the state from countries, including the UAE. They tested negative for the virus when they returned and refused to quarantine.
They were arrested and charged with breaching section 38 of the Health (Amendment) Act 2021 due to their refusal to go the designated hotel.
They were granted bail by the District Court the day after their arrest but were unable to take it up because they could not afford it.
They were detained at Mountjoy women’s prison before being released following a High Court hearing. They were taken to a hotel where they remained in quarantine for several more days.
At the hotel they engaged in the State’s appeal process but their appeals were refused.