An application by John Waters and Gemma O'Doherty for permission to bring a challenge against laws introduced due to the Covid-19 pandemic will be heard before a High Court judge next week.
In judicial review proceedings against the State and the Minister for Health they seek to have various pieces of recently enacted legislation quashed.
The action was mentioned before the High Court on Tuesday, amid tight security around the Four Courts Complex.
Mr Justice Charles Meenan fixed the hearing of the application for permission to bring the challenge for May 5th. The court had previously directed the application for permission to bring the challenge should be heard on notice to the State respondents.
The State, represented by Patrick McCann SC, said it is opposing the application for leave, and the claims were not arguable.
Counsel said the action has been given "due priority" particularly by the Department of Health in what are challenging times caused by the Covid-19 pandemic.
The State hopes to give the applicants its sworn statement opposing leave by this Friday or Monday at the latest.
Counsel said the Attorney General also wanted to bring to the court’s attention to comments made by the applicants in the Four Courts last week.
Francis Kieran BL, for the the Dáil, Seanad and the Ceann Comhairle, which have been added as notice parties because part of the challenge concerns how the laws were enacted, said his clients also opposed leave being granted.
While the case had been fixed for next Tuesday, the judge suggested it might be put back for a few days to allow the applicants consider the notice parties and State’s replies to make any additional written submissions on the case if they so choose.
In reply, Mr Waters said their preference was that the case go ahead as planned next Tuesday.
Mr Waters said the case was “one of the most important in our history”, and repeated concerns he had previously expressed about any attempt to delay the hearing of the action. If there was any delay by the other parties, the case could go back to Wednesday of next week, he added.
During the hearing, Ms O’Doherty said she believed the applicants’ claims are arguable, and the court should have already granted the applicants leave.
Inviting the court to grant permission, she said the people of Ireland are under "mass house arrest," and gardaí were "using guns" to frighten people.
Mr Justice Meenan declined to grant leave at this stage, stating it was up to the applicants to prove to the court next week the threshold for granting permission has been crossed.
The legislation challenged includes the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act Covid-19 Act, The 1947 Health Act (Affected Areas) Order.
Their proceedings are also aimed at striking down temporary restriction regulations brought due to Covid-19 under the 1947 Health Act.
During the hearings, the applicants repeated claims made at a previous hearing about public access to the courts, and complained only a limited number of people were allowed into court due to Covid-19 restrictions.
This, it was claimed, was in breach of the constitutional requirement that justice be administered in public.
Mr Waters added that the fact the media were present in the courtroom was not sufficient.
He said the media was “essentially corrupt” and that reporting about previous hearings lacked coverage of the real issues and were wrongly disparaging of himself and Ms O’Doherty.
Mr Justice Meenan said he was satisfied the matter was being held in public, and in accordance with Article 34 of the Constitution.
While restrictions were in place, members of the media were in court and could report on the proceedings, he said.
The judge said a digital audio recording of the hearing would be made available to Ms O’Doherty and Mr Waters. If they had any issues about the reporting, they could take it up with the media, he said.