Opinion: 'In legal terms, there is no prohibition on attending or organising religious services'

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Oran Doyle and David Kenny argue that the State to date has blurred the lines between legal restrictions and advice around Covid.

Oran Doyle & David Kenny ONE OF THE biggest problems with Ireland’s Covid-19 response has been clarity.

Having examined the matter closely, we think there are no legal restrictions, other than for funerals where the maximum number attending is limited to 10. There are two arguments that Covid-19 regulations currently in force prohibit religious services. First, under the law that empowers the Minister for Health to impose Covid-19 restrictions, these restrictions can prohibit events, including cultural, recreational, sporting, and religious events.

In November, the Department of Health stated that holding religious services was not a criminal offence, but noted that religious services are “required to move online” in the higher levels of the government’s Covid response framework. Nothing relevant in the Regulations has changed since this time that would alter these positions.

We must await the next court hearing to learn more about this argument, but we cannot see an obvious legal basis for the State’s stance. It is, of course, a direct contradiction of the State’s earlier denials that there was any criminal prohibition. We are not aware of the Minister correcting the Dáil record.

 

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