No case exists to challenge Irish Rail, since no passengers in this case have been refused, they might be which is totally different.
The Irish Rail position is that the pass requires that one passenger be male and one female, those are the conditions of the pass set by the Dept, if both are of the same gender then there is a problem since according to the pass issuer such a situation cannot exist. Its a simple way to catch misuse on this pass type.
Since only ONE pass exists and that is well known within CIE and will be permitted, the holder of the valid pass is entitled to the full privileges of travel. If this person is refused travel (and no one is saying they have been and have held the pass for some time), then a clear and blatant case exists against Irish Rail, if they are allowed travel without restriction then whats the problem?
The issue is the Dept of Family and Social Affairs they decide who gets a pass, to travel, you must have a pass, which won't be issued in this case, therein is the problem. The Dept of Family and Social Affairs seems to be very confused.
The issue is not the use of the pass on the train, since its impossible to actually get the pass in the first place for the situation to occur.
Incidentally in all likelihood a similar notice has been issued by all 3 CIE companies, not just Irish Rail and probably the Luas as well.
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