The Oireachtas Recently Passed the Fictitious Environmental Protection Act 2020: Constitutional Law Assignment, TCD

Assignment Details:

1. The Oireachtas recently passed the fictitious Environmental Protection Act 2020. The Act’s stated purpose is to “reduce carbon emissions in Ireland.” The Act establishes a three-person panel, the Environmental Protection Panel. The Act further states that the Environmental Protection Panel may introduce laws to “achieve the purpose of this Act.” The Environmental Protection Panel has decided to introduce a total ban on all diesel and petrol engine cars on a phased basis over the next eighteen months. Janice, a second-hand car saleswoman, is devastated by this. Her business will undoubtedly collapse. Advise her under Irish constitutional law.

2. “Judges’ treatment and interpretation of Article 40.1 has failed to properly protect true values of equality worthy of a modern Ireland.” Do you agree? Discuss this statement with reference to case law.

3. Critically analyze case law on Article 40.6.1 on the freedom of expression.

4. Gerard is a member of a well-established religious group that has thousands of followers. All members of the group are required by their teachings to wear a large ring on their thumb as a sign of their faith. Gerard is employed by the Department of Health. A new rule is introduced within the Department whereby all its employees are banned from wearing jewelry of any kind.

The stated justification for the ban is to minimize the possibility of infections being spread from employees to patients and healthcare workers in healthcare facilities such as hospitals and doctors’ surgeries. Gerard’s role within the Department is an office desk job that does not require him to visit any healthcare facilities at any point. He seeks an exemption from the ban on jewelry on religious grounds, but this is rejected. Gerard comes to you seeking advice on whether he could take a challenge on constitutional grounds. Advise Gerard.

5. Barrett J confirmed that there is an unenumerated right to an environment in Merriman v Fingal County Council and Friends of the Environment v Fingal County Council [2017] IEHC 695. Describe how Barrett J reasoned that there is a right to an environment in the Irish Constitution. Describe how his approach is similar or different to the reasoning of other previous judgments on other claims for other unenumerated rights.

6. “The decisions in the Supreme Court in Sinnott v Minister for Education [2001] 2 IR 545 and the High Court in O’Carolan v Minister for Education [2005] IEHC 296 are regrettable. The interpretation in both cases of rights under Article 42.4 is too restrictive.” Do you agree?

7. The (fictitious) Criminal Justice (Protection of Public Health) Act 2020 was introduced in the wake of the spread of COVID-19. Section 2 of the Act makes it a criminal offense to “perform any act which may potentially risk the general public’s health in any way whatsoever.” The maximum sentence is 5 years in prison. One day, Anne was handing out leaflets to members of the public on the street advertising her gardening business.

She was arrested on the street under section 2 of the Criminal Justice (Protection of Public Health) Act 2020. When she arrived at the Garda station, she asked to speak to a lawyer. She was informed by the Garda in charge that they contacted six lawyers in the area but none were prepared to come down to the Garda station because the Law Society of Ireland had just issued a message to its solicitor members instructing them that all meetings ought to be conducted remotely.

As it turns out, a telephone and internet coverage blackout occurred just after they informed Anne of this, which meant that all solicitors were then entirely un-contactable. The Gardaí pressed ahead with interviewing Anne. Anne was subsequently charged under Section 2 of the Act. Advise Anne. For the purposes of answering this question, do not assume or refer to any restrictions relating to COVID-19 other than those mentioned in the question.

8. Write a note on TWO of the following decisions. Your answer should explain the significance of the decision for Irish constitutional law:

a) DPP v JC [2015] IESC 31,

b) Heaney v Ireland [1994] 3 IR 593 (the High Court judgment),

c) Crotty v An Taoiseach [1987] IR 713,

d) Buckley v Attorney-General [1950] IR 67,

e) Re a Ward of Court (withholding medical treatment) (No 2) [1996] 2 IR 79.