Ryanair has claimed before the High Court that travel restrictions introduced by the Government in response to the Covid-19 pandemic are "nonsensical", "outrageous, confusing and detrimental" to the public and its business.
The airline claims the international travel restrictions are unlawful and amount to a disproportionate interference of the rights of the airline and its passengers.
In its action against An Taoiseach, Ireland and the Attorney General, it wants various orders and declarations, including an order setting aside the measures announced in late July.
Basis
The State parties, in opposing the action, argue the measures are not mandatory and are advisory in nature. Ryanair has no legal basis to bring its challenge against the measures, they argue.
Aer Lingus, a notice party to the case, is supporting Ryanair’s action.
Opening the case, Martin Hayden SC, with Eoin O’Shea, for the airline, told Mr Justice Garrett Simons his side does not accept the State’s argument the measures are advisory and restrict people’s freedoms.
Travel advice was being converted into something it was not designed to do in a “nonsensical” manner, he said.
Counsel said that the measures were confusing for members of the public and greater clarity and explanations were required. People need a clear understanding of what can and cannot be done.
The measures, he said, have the same effect as regulations that should have been, but were not voted on or approved by the houses of the Oireachtas. The State had the ability to bring in legislation to underpin the measures but did not do so, he said.
Counsel said the measures also have a coercive and real effect on anyone wishing to travel.
Submissions
During his submissions, counsel said one of the people whom the travel measures had consequences for was former EU commissioner Phil Hogan, who resigned from his position following his controversial attendance at a golf event in Co Galway last month.
Ryanair is challenging measures announced last July including that persons not travel outside the Island of Ireland save for essential purposes and that everyone should holiday at home in 2020. It is also challenging the requirement that persons returning to the State from countries not on a designated list, known as the green list, restrict their movements and self isolate for a period of 14 days.
Ryanair claims the restrictions are unconstitutional and breach various Health Acts, the European Convention of Human Rights and the European Charter of Fundamental Rights.
The State says the Covid-19 travel advisory notice in relation to non-essential travel is necessary, proportionate and transparent. The measures are designed to deal with what is a global health emergency, it also says.
The case continues on Wednesday when the State and Aer Lingus will outline their positions to the court.