The fate of two major pieces of Government legislation will be decided today as the Supreme Court rules on their constitutionality.
The court will give its decisions on the Illegal Immigrants (Trafficking) Bill and the Planning and Development Bill, which were submitted to it last month by the President, Mrs McAleese, after consulting the Council of State.
If they are found to be constitutional, the President will sign them, and if they are declared unconstitutional, they go back to the Oireachtas.
The Bills deal with highly controversial issues - the handling of asylum-seekers and tackling the housing crisis - and a negative ruling would be embarrassing for the Government. It would also provide it with legislative headaches when the Dail resumes in early October.
The President referred sections five and 10 of the Illegal Immigrants (Trafficking) Bill, and part five of the Planning and Development Bill. Section five of the Illegal Immigrants (Trafficking) Bill sets a limit of 14 days in which an asylum-seeker can seek a judicial review of a deportation decision. It also states that the only avenue of appeal open to an asylum-seeker facing deportation is by judicial review.
Irish citizens have six months in which to seek judicial reviews, and during the debate on the Bill, concern was expressed that this provision was discriminatory.
Section 10 of the Bill relates to the extent of the powers of arrest and detention available to the Garda following the serving of a deportation order. Fears were expressed that these could interfere with asylum-seekers' access to legal advice.
Part five of the Planning and Development Bill relates to the supply of houses and the power given to local authorities to designate up to 20 per cent of development land for "affordable" housing.
Questions were raised during debate on the Bill that this might conflict with the constitutional right to private property.
