High Court ruling clears way for Dáil to vote on EU Migration Pact

This is the second such bid to injunct the Dáil from voting on the pact to come before the court in recent days

The Dáil vote on the pact is due to take place on Tuesday evening. File photo: Laura Hutton/RollingNews.ie

The way has been cleared by the High Court for the Dáil to vote on the implementation of the EU Migration and Asylum Pact.

Mr Justice David Nolan dismissed an application by Michelle Keane from Kerry for an injunction against the Irish Government and the Attorney General preventing the Dáil from voting on the pact.

The pact includes measures on enhanced screening and security checks and faster processing of asylum applications, and a greater focus on efficient returns for unsuccessful applicants.

It also provides for a mechanism that allows countries to either make a financial contribution or agree to relocate asylum seekers to other EU states.

The judge held that the application was "bound to fail", and said that the court could not grant such an order as it would amount to a breach of the separation of powers between the courts, the Oireachtas, and the government.

The Dáil vote on the pact is due to take place on Tuesday evening. The Seanad has already voted to approve the pact, the court also heard.

Representing herself Ms Keane, from Knocknagoshel, Tralee, Co Kerry, argued that the passing of the EU pact was unconstitutional, as it breaches Irish sovereignty and said the measures should only be passed by the people of Ireland by way of a referendum.

The respondents, represented in court by David Fennelly Bl, opposed the application and urged the court to dismiss it on grounds including that the application was procedurally flawed and that it amounted to a clear breach of the separation of powers. 

Counsel also argued that the adoption of the measures contained in the pact by the Oireachtas was permitted under Article 28.4.7 of the Irish Constitution, which had been approved by the people in the 2009 vote on the Lisbon treatment.

Counsel further argued that the Government did not have the power to prevent the members of the Dáil from voting on the measure.

Counsel said that this was the second such bid to injunct the Dáil from voting on the pact to come before the court in recent days.

A similar action had been brought by barrister Una McGurk, counsel said, which the court had deemed was not properly issued and therefore could not be dealt with.