Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Legislative Framework Underpinning the State's Response

Lord Sumption:

There have been two major challenges in the United Kingdom.

The airlines began a judicial review of the quarantine regulations. This was resolved by agreement when the quarantine regulations were effectively abolished by the creation of wide-ranging exemptions in the course of July. Those exemptions are now being revisited and we may see a revival of that judicial review.

Second, there was a far more wide-ranging challenge by a businessman called Simon Dolan, who was refused leave to proceed with his application for judicial review because he was challenging the original lockdown rules back in March and it was said that he was too late. In a way, I believe that was unfortunate because it has been said that these UK Government regulations are beyond the powers of the UK Government. This is clearly one of the things that, it seems to me, is something the courts may wish to decide. That is what has actually happened in the UK.