President Connolly considers referring migration bill to Supreme Court

Justice minister called plan 'a pivotal step in our implementation of a rules-based migration and asylum system'

Members of the Council of State at Áras an Uachtaráin to discuss the constitutionality of the Government bill that would introduce a swathe of immigration reforms. Picture: Niall Carson/PA

President Catherine Connolly is to consider whether to refer a Government bill to the Supreme Court following a meeting of the Council of State advisory group.

Catherine Connolly convened the Council of State on Monday to discuss a swathe of migration changes made by justice minister Jim O’Callaghan under the International Protection Bill 2026.

The council consists of Taoiseach Micheál Martin, Tánaiste Simon Harris, Attorney General Rossa Fanning, and senior judges as well as previous presidents, taoisigh, and chiefs justice.

President Connolly also made seven of her own appointments to the body in March.

The bill, which Mr O’Callaghan called “a pivotal step in our implementation of a rules-based migration and asylum system”, is part of EU-wide reform of rules on migration and was passed by the Dáil and Seanad in recent weeks.

President Connolly needs to consult with the Council of State before referring legislation passed by the Government to the Supreme Court to consider whether it is constitutional.

President  Catherine Connolly with Taoiseach Micheál Martin and Tánaiste Simon Harrisat the Council of State meeting. Picture: Niall Carson/PA

Mr Martin said on Monday he was “satisfied” the Government’s bill was constitutionally sound.

He said he had discussed the bill with Mr O’Callaghan and Mr Fanning and said they were satisfied that it was within the Constitution, and that it was fair and reasonable.

“It’s fully within the President’s rights under the Constitution to refer any bill to the Council of State to seek advice on whether a particular legislative act should be referred to the Supreme Court,” he said.

“I welcome that, and I’m looking forward to the Council of State today, I was at a previous one under President Higgins and I found it a very interesting experience and worthwhile experience.

“We’re satisfied that the bill is constitutional, is well balanced, and is reasonable and will give effect to the European Migration and Asylum Pact.” 

Former President Mary Robinson arrives for the meeting of the Council of State. Picture: Niall Carson/PA

The Council of State has been convened by a president around 30 times to discuss the constitutionality of government legislation; President Connolly has convened her first Council of State just six months into the role.

Her predecessor Michael D Higgins convened the Council of State four times, and referred legislation to the Supreme Court once in October 2023.

In that instance, the Judicial Appointments Commission Bill 2022 was upheld by the Supreme Court as constitutional.

Legislation has been referred to the Supreme Court by a president 16 times in 88 years; on nine occasions the legislation was upheld and on seven occasions it was found to be unconstitutional.

The Judicial Appointments Commission Bill was the first time that Mr Higgins referred a bill to the Supreme Court under Article 26 of the Constitution over the course of his terms of office.