Two women who refused hotel quarantine after Dubai trip try to halt prosecutions - The Irish Times

Two Dublin women arrested aft they refused to quarantine astatine a edifice upon returning to Ireland from a vacation successful Dubai successful 2021 person told the High Court they should not beryllium prosecuted for alleged breaches of Covid-19 measures.

The actions person been brought by Niamh Mulreany (26) and Kirstie McGrath (31) who were arrested astatine Dublin Airport connected April 2nd, 2021, erstwhile they arrived backmost from the United Arab Emirates, wherever they intended to acquisition cosmetic country but did not spell done with the procedures.

At the clip passengers travelling from definite designated countries, including the UAE, were required to quarantine for 14 days successful a designated edifice aft returning to Ireland.

The impermanent nationalist wellness measurement was introduced with the purpose of limiting the dispersed of Covid-19.

Both women refused to spell to the hotel, claiming they could not spend the stay, estimated astatine implicit €1,800 each, and needed to instrumentality to their children.

They claimed they lone had child-minding arrangements for their clip successful Dubai.

Arising retired of their refusal, some were charged with breaches of the 1947 Health Act, and, if convicted, they look fines of up to €2,000 and/or a play of respective months’ imprisonment.

They assertion that the charges against them are unconstitutional and their trials should beryllium halted.

Represented by Mícheál Ó Higgins SC, instructed by solicitor Michael French, the 2 women person brought judicial reappraisal proceedings against the DPP, the Minister for Foreign Affairs, The Minister for Health, Ireland and the Attorney General.

In their actions, they question assorted orders including 1 halting their prosecutions, and a declaration that the offence of resisting being taken to a designated quarantine installation is invalid.

They besides question damages and assorted declarations, including that definite provisions of the 1947 Health Act are invalid, unconstitutional and contrary to the European Convention connected Human Rights.

The State respondents, represented by Catherine Donnelly SC and Michael Cush SC, reason the action.

Opening the case, Mr O’Higgins, appearing with John FitzGerald SC and Keith Spencer BL, said that successful precocious March 2021 his clients, who are friends, went connected vacation to Dubai to observe “landmark birthdays” that had been paid for by their relatives and friends.

Initially, they intended to acquisition cosmetic country procedures successful the UAE but yet did not spell done with the planned procedures.

Counsel said Ms McGrath, of St Anthony’s Road, Rialto, Dublin 7, and Ms Mulreany, of Scarlett Row, Essex Street West, Dublin 2, are lone parents, and their children were being cared for by their relatives portion they were connected holiday.

After they near Ireland, the State introduced caller Covid-19 edifice quarantine requirements.

Counsel said that the requirements delayed their instrumentality to Ireland.

They tested antagonistic for the microorganism erstwhile they returned and refused to committee a autobus to a designated edifice quarantine successful Dublin.

Both women were arrested and charged with breaching Section 38 of the Health (Amendment) Act 2021 owed to their refusal to spell the designated hotel.

They were granted bail by the District Court the time aft their apprehension but were incapable to instrumentality it up due to the fact that they could not spend it. They were detained astatine Mountjoy women’s prison.

The brace secured bail erstwhile the currency lodgement was reduced from €1800 to €500 pursuing a High Court proceeding connected April 4th, 2021. They were released from situation and were taken to different edifice wherever they remained successful quarantine for respective much days.

Counsel said his clients’ cases attracted a batch of attention, resulting successful them being the taxable of “a batch of adverse comments connected societal media”.

Mr O’Higgins added that erstwhile astatine the edifice they engaged successful the state’s entreaty process but their applications were refused.

He said the Minister for Health’s designation of definite states arsenic places from which travellers to Ireland were required to acquisition periods of edifice quarantine breached the separation of powers, the rule of instrumentality and was unconstitutional.

Such a measurement should person been introduced by mode of authorities done a statutory instrumentality and not by mode of a ministerial order, counsel said.

Counsel said that immoderate specified designation, which had the astir “blanket effect” of detaining and limiting the liberty of anyone arriving successful Ireland from immoderate of the selected nations, should person been taxable to parliamentary scrutiny.

Mr O’Higgins said the 2nd ineligible contented acrophobic what helium described arsenic the deficiency of a legally permissible appeals process for those who were undergoing the mandatory quarantine.

Under the measures, a designated appeals serviceman could entertain an entreaty from idiosyncratic who was detained successful the quarantine facility.

However, the measures nether the 1947 Act conferred what counsel said was a judicial powerfulness connected what was a non-judicial body, which amounts to a breach of Article 37 of the Irish Constitution.

The enactment earlier Ms Justice Marguerite Bolger continues.