Meeting of the Council of State
Date: Wed 23rd Dec, 2015 | 18:32
President Higgins has decided to convene a meeting of the Council of State, under Article 26 of the Constitution, to be held at Áras an Uachtaráin on Tuesday 29 December at 11:30 am, for the purpose of consulting with the Council regarding the International Protection Bill 2015.
Article 26.1.1 of the Constitution states:
‘The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bills is or are repugnant to this Constitution or to any provision thereof.’
The question put to the Council is:
Whether the International Protection Bill 2015 should be referred by the President 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.
In particular
i. Whether section 56 and section 57 of the International Protection Bill 2015 should be referred by the President to the Supreme Court for a decision as to whether either Section or any specified provision thereof is repugnant to the Constitution or to any provision thereof.
ii. Whether the Bill or any of its provisions are repugnant to the Constitution in light of Article 42A (Children)
iii. Whether section 78 of the Bill is repugnant to the Constitution in light of Article 29.6.