President signs international protection bill into law without Supreme Court referral

New legislation tied to EU migration pact enacted, with president opting against pre-emptive Supreme Court review of constitutionality

Members of the Council of State at Áras an Uachtaráin in Dublin, for a meeting with President Catherine Connolly. Picture: Niall Carson/PA Wire

President Catherine Connolly has signed the Government’s International Protection Bill into law, opting not to refer it to the Supreme Court to test its constitutionality.

The announcement came two days after she convened the Council of State to consider the legislation.

A spokesperson for the President confirmed the bill was signed into law on Wednesday afternoon.

The legislation gives effect to measures contained within the EU’s new Migration and Asylum Pact.

It includes provisions requiring applicants arriving in the State to undergo identity and security checks, while biometric data will be collected through a system called Eurodac.

The bill was required to be signed into law by June to allow the pact to take effect across the European Union.

In a statement, a spokesperson for the President said she needed to be cognisant of Article 34.3 of the Constitution, which prevents future challenges to legislation if the Supreme Court upholds its constitutionality.

“In this context, the capacity of a putative litigant to take a case on the basis of facts rather than abstract grounds has to be taken into account,” the spokesperson said.

“The President’s decision to sign this legislation thus does not close off any actions sought by any person to challenge the provisions of the Bill in the future.”

 - Tadgh McNally, political reporter