Courts

Barrister asks High Court to restrain Oireachtas vote on EU migration pact until referendum

Application to delay vote until a referendum takes place made by senior counsel Una McGurk

The application by Una McGurk came before Mr Justice David Nolan on Wednesday. Photograph: Jonathan Brady/PA Wire

Aodhan O'Faolain
Wed Jun 19 2024 - 17:35

The High Court is being asked to grant orders delaying the Dáil and Seanad from voting on measures contained in the EU pact on migration and asylum until a referendum takes place.

The application by senior counsel Una McGurk came before Mr Justice David Nolan on Wednesday.

TDs are due this week to vote on elements of the pact, which includes enhanced screening and security checks, and faster processing of asylum applications.

The measures also include a greater focus on efficient returns for unsuccessful applicants and a mechanism that allows countries to either make a financial contribution or agree to relocate asylum seekers from others under particular pressures.

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Her proceedings are against the Clerk of the Dáil, the Clerk of the Seanad, the Minister for Justice, the Attorney General and Ireland.

Ms McGurk seeks various orders, including injunctions delaying any vote in either house of the Oireachtas on the EU measures from occurring “until such time as a referendum of the people takes place to determine the constitutionality of any such ceding of sovereignty”.

The judge noted the defendants were not notified in advance of the application. He was not prepared to make any orders without hearing from the other side.

He said he was only prepared, on an ex parte basis, to grant the applicant permission to serve short notice of the proceedings on the defendants.

The matter was adjourned to a date later this week.

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