The Irish Coursing Club (ICC) has failed in a legal bid that would have allowed coursing to resume during the current Covid-19 restrictions.
Ms Justice Niamh Hyland today said she was not satisfied to grant the ICC an injunction, which would have seen coursing go ahead.
That order would have remained, pending the outcome of the final outcome of judicial proceedings brought by the ICC after the Government delisted coursing as a permitted activity during the current Level 5 restrictions.
Ms Justice Hyland accepted that at least some of the grounds advanced by the ICC were "sufficiently strong".
However, she said the court lacks the jurisdiction to grant what would be a mandatory injunction directing the Minister to allow coursing resume.
Usurp Oireachtas
The granting of an injunction in this case would be effectively asking the Minister for Health to ignore matters relating to the risk of Covid-19, and act outside his powers, the Judge said.
The injunction would "usurp the exclusive function of the Oireachtas", in circumstances where the court has no public health qualifications nor public health advices available to it, and where the court "is not democratically elected."
Even if the court had such a power the balance of convenience, and the risk of injustice dictates that the court should not grant the injunction, the judge added.
The court had put sufficient weight on the severity of the current Covid-19 situation and the need for the current regime to be left "undisturbed" in circumstances where the entire cabinet took a decision that only the sports identified should be permitted to go ahead.
Expert medical advice
The judge further added she had to take into account the State’s expert medical evidence regarding the risk involved to public health if coursing was allowed resume.
A significant number of people, including two handlers for each dog, as well as stewards and security personnel, are involved in the running of a coursing meeting the court noted.
The court fully accepted evidence that the ICC has made strenuous efforts to be covid-19 compliant in any of its events prior to Christmas.
However, the granting of a mandatory injunction, "could entail a risk to life. "
Granting the injunction would have allowed 36 coursing meetings go ahead during Level 5 with potentially 3,000 people attending, she said.
Financial loss
The court noted the possible financial losses suffering by breeders and trainers due to the cancellation of meetings.
When the risk to public health and life caused by Covid-19 was taken into account the balance of convenience favoured dismissing the injunction application, the Judge concluded.
The ICC brought proceedings over the Government decision last month not to include coursing in a list of activities permitted during the current Covid-19 restrictions.
The ICC's challenge against the Minister's decision to delist coursing as a permitted activity will now proceed to a full hearing.
No date has been fixed for that hearing; however, it is unlikely the full hearing to be determined before the end of next month when the coursing season would normally conclude.
