THE cut-off point by which the Northern Ireland Executive were to respond to notice of a legal challenge against the continued prohibition of children’s outdoor sports, has expired.
It has been confirmed that proceedings have been lodged at the High Court against the Executive, the Department of Health, the Chief Medical Officer and the Chief Scientific Advisor.
Spearheaded by solicitor Stephen Atherton, pre-action notice was served on the Executive initially with a deadline of 5pm on November 23, then extended to December 1, with a further request received for more time to respond.
However, the delay prompted Mr Atherton to describe it as: “A cynical attempt to frustrate due process.”
Support rapidly flowed, kickstarted by former footballer and current Northern Ireland Women’s Team Manager, Kenny Sheils, who said: “At last we have a voice.”
The latest to speak out against the prohibition is eminent physician and epidemiologist, Professor Gabriel Scally, who publicly challenged the legitimacy and value of the continued restrictions on grassroots outdoor sports for children.
He indicated that no valid reason exists as to why sporting outdoor pursuits in a controlled environment should continue to be prohibited.
Mr Atherton said: “In March of this year, the lives of our children were turned upside down.
“The cruel and bitter irony is, however, that it is not the Covid-19 virus that is harming our children, it is society’s response to the pandemic that is damaging the physical and mental health of the youngest and most vulnerable members of our community.”
Speaking from the Royal Courts of Justice in Belfast, he said: “Despite my best efforts to resolve this matter, the Executive finally responded to me, indicating that they view the draconian restrictions placed on our children as entirely justified.
“In addition, they have provided no indication whatsoever that the unlawful prohibition on outdoor children’s sport will be removed by them next week, or indeed, in the early part of next year.
“Accordingly, I have now lodged proceedings challenging the actions of the Executive, the Department of Health, the Chief Medical Officer, Dr. Michael McBride, and the Chief Scientific Advisor, Professor Ian Young, seeking a declaration that they have acted unlawfully.
“Given that the harm being caused to our children by these restrictions is ongoing, I will be asking the High Court to hear the matter expeditiously and provide interim relief removing the prohibition on outdoor children’s sport.”
He continued: “This litigation, which attempts to enforce the rights of our children and give them a voice, is unfortunately lodged against the backdrop of continued silence from the Office of the Northern Ireland Commissioner for Children and Young Persons, the Irish Football Association, the IRFU, Ulster GAA and Ulster Hockey.
“I have once again this week reached out to all of these organisations, seeking their assistance on behalf of the most vulnerable members of our society.
“Each organisation has chosen to look the other way as children’s rights continue to be violated.”
Mr. Atherton concluded: “Whilst this litigation is principally taken on behalf of an eight-year-old child from Magherafelt, a child who is presently prohibited from playing the sport that he loves, these proceedings can be viewed as an action on behalf of every child in Northern Ireland who plays sport.”
