, Dublin, have been halted since January 8th, with “very serious” commercial consequences.
His side was not overlooking the significant public health challenge posed by Covid-19, and accepted the Government faced an unenviable task in trying to balance public health and economic considerations and should have some margin of appreciation, counsel said. The current situation is that public versus private considerations are driving what construction activity is permitted and what is not, he said. The exemptions for certain activities are being decided by the purpose of the construction project when Covid-19 does not distinguish between a data centre and a private housing development, he said. That is “unjustifiable discrimination” and also did not take into account the changes in the public health landscape since January.
Mr Fanning also said there is marginal evidence of Covid-19 infection associated with the 40 per cent of the construction industry that is operating.