Courts / Kerry / Report

Bid to prevent Dail vote on EU migration pact would breach separation of powers, judge finds

Date
2024-06-25

Stage
Hearing Or Decision

Primary locality
Tralee

County
Kerry

Summary

The High Court has dismissed an application by Michelle Keane seeking an injunction to prevent the Dáil from voting on the implementation of the EU Migration and Asylum Pact. Mr Justice David Nolan found the bid was bound to fail as granting such an order would breach the separation of powers between the courts, the Oireachtas, and the government. The judge noted that Keane, who represented herself, alleged the pact was unconstitutional and would override Irish sovereignty, claiming it would force Ireland to accept 30,000 asylum seekers. He described her concerns regarding crime and safety as offensive and unsupported by evidence, noting her submissions were based on hearsay. The court also heard that a similar action by barrister Una McGurk had been deemed not properly issued and could not be dealt with. The judge held that the adoption of the pact was permitted under Article 28.4.7 of the Constitution, which was approved in the 2009 Lisbon Treaty vote. Consequently, the application was dismissed, and costs were awarded to the defendants, the Irish Government and Attorney General Rossa Fanning SC. Keane stated she intends to appeal the decision. The Dáil vote on the pact was scheduled for Tuesday evening, following the Seanad's prior approval.

Who, what, where, when and why

What: Report matter: Bid to prevent Dail vote on EU migration pact would breach separation of powers, judge finds. Procedural stage: hearing_or_decision

When: