President Catherine Connolly has signed the International Protection Bill into law, having decided against referring the legislation to the Supreme Court.
The announcement came from Áras an Uachtaráin this afternoon, with a statement saying that “concerns” around the Bill remain.
There had been suggestions that the President would potentially refer the legislation to the Supreme Court, following a Council of State meeting on Monday which examined whether the Bill is constitutional. It passed all stages in the Oireachtas.
The Bill is required in order to adapt the EU Migration and Asylum Pact into domestic law before June 12 when it is to come into effect across the member states, other than those who have refused.
A statement released by the President’s office reads:
“Uachtarán na hÉireann, President Catherine Connolly, having given careful consideration to all constitutional and other aspects of the International Protection Bill 2026, and having considered all the options available to her, has today signed the Bill.
“The President followed the passage of this Bill through both Houses of the Oireachtas and has listened carefully to the debate and the issues raised.
“The President has also considered the views expressed by the members of the Council of State at the meeting convened at Áras an Uachtaráin on Monday, 20 April, regarding the constitutionality of the Bill, and in relation to specific sections.
“The concerns that led to the President calling a meeting of the Council of State remain.
It added: “However, when considering any particular piece of legislation, the President must be cognisant of Article 34.3 of Bunreacht na hÉireann, which provides that no Court can question the validity of any legislation deemed constitutional following a referral by the President to the Supreme Court.
“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 statement said that the president’s decision to sign the legislation “thus does not close off any actions sought by any person to challenge the provisions of the Bill in the future.”
“The President would like to thank the members of the Council of State for their attendance at the meeting which she convened on Monday and for the views and advice which they presented to her,” it added.
President Connolly’s signing of the Bill will come as a relief to the government, and means the controversial law will now come into operation as scheduled, fulfilling Ireland’s obligations under the EU Migration Pact.
As Matt Treacy wrote earlier this week, President Connolly’s concerns were likely to reflect the misgivings of the migrancy NGOs and the left parties which backed her campaign rather than take the view held by states such as Hungary, Poland and Slovakia that the Pact would diminish their sovereign control to limit the level of asylum applications.
In a statement to the press this week, Áras an Uachtaráin said that the President would “now consider the views of the members of the Council before making a decision as to whether to sign the Bill or to refer it to the Supreme Court for a decision on the question as to whether the Bill or any specified provision or provisions thereof are repugnant to the Constitution or to any provision thereof.”
The Bill does allow for the detention of applicants as part of a proposed greater level of scrutiny of applications especially where – as is the case – the majority who apply for International Protection initially fail to present with proper documentation.