Coursing granted Judicial review to overturn ban

Having reported last week that Coursing had been axed as an exempted activity in the latest Level-5 Covid-19 restrictions, and the underhand manner in which Health Minister Stephen Donnelly amended his Statutory Instruments on Christmas Eve, that decision is set to come under proper lawful scrutiny this week as the Irish Coursing Club were granted leave for a Judicial Review in the High Court on Monday.

Following the court appearance, the ICC issued the following; “The ICC was before the High Court seeking leave to progress a Judicial Review concerning the decision of the Minister for Health to exclude the activity of coursing from SI 695 and SI 701 on December 24th and December 31st respectively.

“Coursing was permitted under SI 560 enacted on December 1st and without consultation, notice or explanation it was not included on the revised SI 695 issued on December 24th or SI 701, issued on December 31st. On December 24th the ICC immediately sought an explanation from two Government Departments but no response has been received to date.

“The judge has granted leave to the ICC for a Judicial Review and the matter is returnable this Friday January 8th, for the hearing of an injunction to permit the remainder of the coursing season to take place. The club wish to establish the reason as to why coursing was removed from the statutory instrument when comparable sports were retained, while all bodies operated under strict Covid-19 protocols, as did coursing.”

Following the actions of Stephen Donnelly, it remains utterly perplexing that no explanation has been forthcoming as to why coursing was singled out in his amendments…..or does it?!

Tipperary TD Mattie McGrath had no hesitation in citing the Green Party influence on Taoiseach Michael Martin as the primary contributor to this betrayal of a law-abiding community of Irish citizens in their participation within a 100% legal activity.

The interference of the Green Party and NPWS in persistent efforts to disrupt coursing were detailed here last week but the accommodation of their agendas for political favour by Fianna Fail’s Michael Martin and Stephen Donnelly, if proven, can land the leading government party in considerable bother if found to have tinkered with legislation for their own advancement.

In hearing the case on Monday last, Mr Justice Bernard Barton granted leave for the Judicial Review on evidence that the delisting was discriminatory, given that other similar sports such as greyhound racing and horse racing were permitted to continue.

In the absence of government representation on Monday, the judge also accepted that there was a perception of bias on the part of Stephen Donnelly as he had previously spoken, and voted, in favour of a ban of coursing.

Justice Barton continued his assessment by stating that it was a mystery to him as to why the two relevant departments in relation to coursing were not consulted by Minister Stephen Donnelly.

This Friday, counsel for the ICC will seek to have Stephen Donnelly’s decision of SI 695 set aside, along with an order reinstating coursing to the permitted list of activities. The ICC will also seek a declaration that the Minister’s failure to consult with relative departments meant that his decision to omit coursing on the Statutory Instrument was outside the powers of his office and thus failed to comply with the Health Act of 1947.

What reeks amidst this vindictive victimisation of coursing is the lack of response when Taoiseach Michael Martin has been asked for an explanation. There is little doubt among any vested interested in this matter that Mattie McGrath is indeed on the ball as to the actual reason but the Taoiseach’s refusal to even engage party colleague Jackie Cahill on the issue, is nothing short of obnoxious.

As it stands with the worsening Covid-19 crisis, a favourable High Court decision for coursing may be academic as the likelihood of full lockdown increases day by day. However, the case remains of the utmost importance to coursing and its participants who have been disgracefully singled out by government.

There will be many, outside of the greyhound community, for whom a High Court decision on this matter will seem irrelevant as it doesn’t affect them.

But what should concern all is the willingness of Government to toy with the livelihoods of a section of society who perpetuate their sport with precise professionalism while obeying every law of the land.

Can those tasked with running the land profess the same? Let’s see how Friday goes!