Is the Government’s International Protection Bill unconstitutional?
For the first time in her presidency, Catherine Connolly has convened the Council of State under Article 26 of the Constitution to consider a bill’s constitutionality.
The Department for Justice describes the bill as the “most significant reform of Irish asylum laws in the history of the State in line with the EU Migration and Asylum Pact.”
The aim is to speed up the asylum process and cut the cost of the international protection system.
However, it would seem that the President has concerns about the constitutionality of the legislation.
On Newstalk Breakfast, immigration lawyer Cathal Malone said he thought it unlikely the bill would be referred to in its entirety to the Supreme Court to test its legality.
“Two reasons for that; the first is that the thing is absolutely massive - it’s 282 pages long,” he explained.
“There were 267 Government amendments that were guillotined during the week by Minister for Justice Jim O’Callaghan.
“Many of them didn’t receive a debate.”
President Connolly and Taoiseach Micheál Martin. Picture by: Leah Farrell / © RollingNews.ieOnce the bill is referred, the Supreme Court has 60 days to assess its decision and Mr Malone said there is “absolutely no prospect” justices could examine a bill of such length in its entirety during such a short timeframe.
“So, if it is going to be referred, I suspect what will happen - and there is power to do this - is that she will select certain sections about which she's most concerned and refer those to be tested individually,” he said.
Referral
The President of Ireland has referred a bill to the Supreme Court 16 times in Bunreacht na hÉireann’s 88 year history.
Seven times the court found the bill was unconstitutional, nine times the legislation was upheld as valid.
Constitutionally, that is the end of the matter and the legislation cannot be challenged again.
Mr Malone added that it seems likely the President has “very serious concerns” about the bill.
“This has been rushed through with very little parliamentary scrutiny or debate,” he said.
“It was guillotined, as I say, during the week.
“Also, key elements of the bill relating, for example, to the legal assistance that would be available to people when they're going through the asylum process were there were placeholders in the bill that didn't spell out any detail.
“And there was a lot of concern at the Justice Committee in the Oireachtas when they were doing pre-legislative scrutiny of this bill, where they were saying that essentially they couldn't do their job properly because there were parts of the bill where it more or less said, ‘We'll fill this in later’.”
The Council of State compromises of the Taoiseach, Tánaiste, Chief Justice, President of the Court of Appeal, President of the High Court, Ceann Comhairle, Cathaoirleach of the Seanad and the Attorney General.
It also comprises all former Presidents, Taoisigh and Chief Justices, as well as seven lay people appointed by President Connolly.
Main image: President Connolly. Picture by: RollingNews.ie.
