Covid-19 restrictions: Hare coursing clubs challenge exclusion from sports list

The body that regulates hare coursing has brought a High Court challenge against the Government’s failure to include it in a list of activities allowed to operate during the current Covid-19 restrictions.

Coursing events had been allowed take place during the run-up to Christmas, due to its inclusion on a Government-approved list of permitted sports.

However, the Irish Coursing Club (ICC) said that in a list published on Christmas Eve, when the Government announced its latest round of restrictions, coursing was delisted, leading to the cancellation of many pre-planned events.

The ICC says while it was de-listed, other sports, including its sister sport greyhound racing, horse racing and other equine activities, have been allowed to proceed.

No reasons were given for its delisting, the ICC, represented in the action by Martin Hayden SC and Eoin O’Shea BL, also claims.

The ICC, which has written to but received no response from the Taoiseach Micheál Martin about the delisting, says there is no objective or rational basis for its exclusion from permitted activities during the currency of the current restrictions.

The ICC says its exclusion is flawed on grounds that the Minister for Health Stephen Donnelly decided to delist coursing without consulting either the Departments of Agriculture or Housing, Local Government and Heritage.

Those departments are responsible for coursing, the ICC claims.

It also claims that the decision to delist it is tainted by a perception of bias because Mr Donnelly had in 2015 voted in favour of legislation banning coursing.

The ICC also alleges that in advance of the delisting decision Mr Donnelly had consulted with Green Party Ministers Eamon Ryan and Catherine Martin, who also want coursing prohibited.

In judicial review proceedings the ICC, which is based in Clonmel, Co Tipperary, seeks various orders and declarations against both the Minister for Health and the Minister for Housing, Local Government and Heritage.

Permission to bring the action was granted on Monday by Mr Justice Bernard Barton on an ex-parte basis, where only one side was represented in court.

The judge said he was satisfied to grant leaved based on the evidence put before the court claiming that the delisting was “discriminatory” when other similar sports such as greyhound racing are allowed proceed.

It was also accepted there were was “perception of bias” in the decision given the positions adopted by Mr Donnelly and other Cabinet members regarding coursing, the judge added.

The judge, who accepted the court had only heard one side of the argument, also remarked that it was “a mystery” why the two relevant departments in relation to coursing were not consulted by the Minister for Health.

The ICC seeks orders including one setting aside the Minister for Health’s decision to delist the ICC and its sporting activities set out in statutory instrument under the 1947 Health Act.

It also wants an order reinstating the ICC and coursing to the list of sports permitted to operate.

It also seeks declarations including that the Minister for Health’s failure to consult with Agriculture and Heritage prior to delisting coursing as a permitted sport was outside the Minister’s powers and is null and void.

It further seeks a declaration that the failure to consult did not constitute compliance with the 1947 Health Act and renders the delisting as a breach of the ICC’s rights to natural and constitutional justice.

Mr Hayden said that his client had complied with all Covid-19 restrictions and guidelines, and had held events behind closed doors, and submitted a Covid-19 response plan.

It had also made detailed submissions to the Department of Agriculture about the pandemic’s effects on the sport.

It had been included on a list of permitted sports, and coursing events had taken place during the later months of 2020.

However, on December 24th, without any consultation or notice coursing was delisted, while horse racing and greyhound racing were included.

Counsel said this was done despite the fact the Minister for Health was aware that the ICC had events listed for St Stephen’s Day.

Counsel said the decision was irrational, unreasonable and breaches his client’s rights.

Counsel said there is much less person to person interaction at coursing events, and it is far less prone to health risks, compared to other activities, including greyhound racing.

Counsel added there is no kennelling of the dogs, and all coursing is outdoors. A far greater number of persons are in attendance at other sporting events such as horsing racing, counsel added.

Counsel said that given that the coursing season ends in late February the ICC is also seeking an injunction allowing it to continue to host events behind closed doors pending the determination of the action.

The case will return before the court later this week.