Overhaul of asylum process to be considered by Council of State

The Council of State will meet this morning to consider whether the Government’s plans to overhaul the asylum process are a breach of the Constitution.

It is just the second time that the council has been convened under President Michael D Higgins.

President Higgins will ask the Council of State for it's advice on three specific areas of the International Protection Bill, which aims to simplify the application process for asylum seekers.

The first deals with the process by which families of asylum seekers are reunited - and the grounds under which the state can block any reunion, including on grounds of national security.

The second concerns the constitutional rights of children, and whether they are threatened by the bill.

The third and final area deals with the deportation process - and whether it amounts to adopting an international treaty by the back door, without the official approval of the Oireachtas.

None of those three issues were teased out when the bill was going through the Dail or Seanad - as the legislation was rushed through by the government, so it could take effect over the Christmas break.