POLICE have missed three proposed dates to respond to a legal challenge on whether officers have the power to enter private homes to enforce Covid rules, loyalist activist Jamie Bryson has said.
Stormont's Department of Health has also not met a timeframe for explaining the contention that its coronavirus regulations give police the authority in situations such as house parties.
Mr Bryson issued pre-action correspondence to the department and PSNI on January 17.
The first step towards potential judicial review proceedings, it gives respondents a set period to remedy issues raised by an applicant.
Mr Bryson initially gave the parties until January 25 to respond and said solicitors for the PSNI and Department of Health identified February 1 instead.
The PSNI then pushed the date back to February 5.
Mr Bryson said yesterday he had still not received a response.
"After three weeks and repeated delays - requested by PSNI and Department of Health - they have been unable to provide any legal justification for their bold claim that they have powers of entry into private homes for the purpose of policing Covid regulations," he said.
Mr Bryson argues that Northern Ireland's health protection regulations, specifically Regulation 7, do not bestow powers of entry to private dwellings in the absence of a warrant.
He contends that entry in such circumstances would breach common law principles and infringe human rights legislation.
The Police Federation, which represents rank-and-file officers, has also previously sought clarity on the power of entry issue.
The PSNI and Justice Minister Naomi Long have both argued that the power is available to officers under the regulations.
Guidance prepared by the Department of Justice and PSNI acknowledges that entering a private dwelling does interfere with the occupants' human rights.
It says that interference is justified for the protection of health, but only when it is "necessary and proportionate".
The guidance states: "Entry to a home is a particularly invasive use of the Regulation 7(1) power and therefore should be considered as a tool of last resort."
A spokeswoman for the Department of Health said the pre-action letter is still being considered.
The PSNI did not comment in response to queries.
