Majority of prosecutions under emergency Covid law dismissed or struck out

Judges have imposed fines totalling €776,000 for offences under emergency Covid-19 legislation, but the majority of cases have been dismissed or struck out.

The Courts Service data provided to The Irish Times show 12,800 Covid law prosecutions, largely arising from the non-payment of fixed-charge penalty notices, were resolved by the courts as of April. A spokesman cautioned the prosecution figures may not cover all Covid cases that have come before the courts as a result of the manner in which some are categorised.

The Minister for Health’s emergency regulatory powers under amendments to the Health Act lapsed on March 31st, 2022, but summonses arising out of a range of alleged breaches of the legislation have continued to progress through the District Courts.

Gardaí issued 22,000 fines, totalling more than €4.7 million, for breaches of Covid regulations up to August 2021. However, more than half of recipients refused to pay within the designated 28-day period. Gardaí warned in mid-2021 that everyone who refused to pay should expect a court summons where they could opt to dispute a penalty notice but could be subject to a larger fine with accompanying conviction and/or imprisonment.

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Of the 12,820 cases recorded by the Courts Service, 2,193 were struck out after the alleged offenders were served with a court summons, while 5,246 were struck out having not been served.

The alleged offences were dismissed on 391 occasions, and dismissed under the Probation Act in a further 275 instances. The court permitted people to make donations to its poor box in lieu of a conviction 544 times.

Imprisonment has been imposed for breaches of the regulations in 45 cases, with 16 of these for failing to remain in required isolation or to comply with a direction. Another 16 were recorded simply as breaches of the regulations to prevent or limit the spread of Covid-19.

Three orders for imprisonment have been made in respect of organisers of dwelling events, while two relate to non-organisers. Another two jailings were for breaches of PCR testing obligations.

Of 305 charges brought over movement of persons not resident in the State, 82 resulted in fines, with attaching criminal records, while 196 were struck out and five were dismissed.

Strike-outs were ordered in 591 of the 711 prosecutions relating to the movement of people at a port or airport. One person was imprisoned for the offence, while 65 fines ranging from €80 to €750 were ordered alongside conviction recordings.

Journeys to ports or airports without a “reasonable excuse” were initially subject to €500 fixed-penalty notices but enhanced fines of €2,000 were introduced in April 2021. Individuals who failed to pay the €2,000 fixed charge risked a fine in the District Court of up to €4,000 and/or one month’s imprisonment.

Michael French, of French Solicitors, said Covid prosecutions continue to arise thrice weekly at Dublin’s Central District Court, where he regularly attends to represent defendants.

The alleged offenders are “generally people who have never been in court before” and who are “not versed on the judicial system at all”, he said. First-time offenders before the District Court will often be given an opportunity to make a donation rather than receive a criminal conviction, he added.

Mr French believes it is “unfair” that people would receive a conviction, which could harm their job prospects or visa applications, over not paying Covid fines.

Burns Kelly Corrigan solicitor Brian Burns, who has defended people charged under the Covid legislation, said there is a sense these crimes, relating to lapsed legislation, are “historic” yet continue to require significant court resources and Garda attendances.

Mr Burns has initiated, on behalf of clients, three actions in the civil High Court over fixed fines for alleged movement at airports.

His first judicial review, challenging the Covid legislation, was settled prior to a full hearing, but not before Mr Justice Garrett Simons noted the case raised “weighty issues of law” regarding the Government’s entitlement to regulate EU citizens’ rights to exit the State. In giving permission in March 2022 for the challenge to be pursued, the judge said the Irish courts have not yet fully considered the issue.

“None of this is to say, of course, that these arguments will necessarily succeed or that it is disproportionate to impose limitations on a person leaving the State by reference to a public health emergency,” Mr Justice Simons added.

A subsequent challenge has been brought on behalf of an Irish man living in Spain who returned to Ireland during a lockdown to look after his sick 85-year-old mother. The case, which has been adjourned until October, alleges the fixed penalty notice and wider Covid regulations breached the applicant’s Irish and EU law rights. Mr Burns said the case, if successful, could have implications for future Covid fine prosecutions.

The High Court has not yet been told if the State intends to contest the action.

A Department of Justice spokesman said Covid prosecution cases “would not make up a high percentage of the overall number of cases, and therefore would not impact greatly on available court time”.