Una McGurk’s EU migration vote injunction bid stalled

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Barrister Una McGurk’s bid to halt Dáil and Seanad votes on measures in the EU migration pact could not proceed at the High Court on 21 June 2024, after Mr Justice David Nolan found that the injunction motion had not been properly issued.

The judge said the issuing problem was not the fault of the Court Service and might not have been Ms McGurk’s fault either. He allowed the proceedings to be re-issued in the normal way and was not prepared to make the case returnable the following week.

The application had come before Mr Justice Nolan on 19 June, when he granted permission on an ex-parte basis for short notice of the proceedings to be served on the defendants. The application sought to delay votes on the migration and asylum measures until a referendum.

The defendants argued that the action was not properly before the court and said they would oppose it if re-issued. Aoife Carroll BL, for the clerks of the Dáil and Seanad, said the action against her clients was moot because a vote on the issues had already taken place. She also said the clerks should not have been named as defendants given their roles.