The High Court has ruled that the Government acted lawfully in advising the public against international travel and asking those returning from certain countries to self-isolate for 14 days.

Mr Justice Garrett Simons’ judgment was delivered this morning (2 October) in a case taken by Ryanair, which argued that the Government’s travel advice represented the imposition of restrictions on international travel and led to a breach of rights under EU law.

Rejected

"Ryanair's principal complaint is that, as a matter of domestic constitutional law, the Government in publishing the impugned travel advice exceeded its executive powers and trespassed upon the legislative power.

“These arguments have been rejected," the judgment said.

The judge said the Government’s official websites did not portray the travel advice or health advice as having a legal status which it did not actually enjoy.

"The government merely requests that persons entering the State from a country not on the ‘green list’ restrict their movements for 14 days,” the judgment states. “As of August 2020, there had been no legal requirement to do so.”

Consistent with EU law

Ryanair had also argued that the advice had the effect of financially disadvantaging some people, such as social welfare recipients, but the court decided that there was a specific legal basis for this under the social welfare legislation, which had not been challenged.

The court also ruled that the publication of travel advice and public health advice was consistent with EU law, which allows derogations on public health grounds.