We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

This is the first time the President convened a meeting of the Council of State under Article 26 of the Constitution since taking office. Alamy Stock Photo

President convenes Council of State to discuss constitutionality of International Protection Bill 2026

The Bill was passed through the Houses of the Oireachtas by government last night – but the Irish Human Rights and Equality Commission (IHREC) said it contains “significant human rights concerns”.

PRESIDENT CATHERINE CONNOLLY has convened a meeting of the Council of State to discuss the constitutionality of the International Protection Bill 2026.

The Bill, which was passed through the Houses of the Oireachtas by government last night, will reform Irish asylum laws and aims to implement the new EU Migration and Asylum Pact.

However, the Irish Human Rights and Equality Commission (IHREC) cautioned that the Bill contains “significant human rights concerns”.

The meeting is to be held at Áras an Uachtaráin on Monday at 2.30pm. It will be the first time the President convenes a meeting of the Council of State under Article 26 of the Constitution since taking office.

Article 26 gives the president the power, after consulting the Council of State, to refer specific Bills passed by the Oireachtas to the Supreme Court to test their constitutionality before signing them into law.

In a statement last night, a spokesperson for Justice Minister Jim O’Callaghan described the legislation as “the most significant reform of Irish asylum laws in the history of the State”.

They said the overall objective of the Bill is to provide a fair, sustainable and efficient asylum procedure that is consistent with how asylum laws operate across the EU.

O’Callaghan said: “This Bill represents a pivotal step in our implementation of a rules-based migration and asylum system in Ireland and across all EU member states.”

“The Pact recognises that migration requires sharing responsibility, robust and fair management of external borders, and stronger governance of asylum and migration policies.

‘Serious concerns’

IHREC said a number of important amendments made to the Bill during Oireachtas debates, but raised said concerns remain with.

It said concerning aspects of the Bill, include new powers to detain applicants in order to establish elements of their claims, the absence of legal advice and representation at first instance, and amendments to family reunification.

Chief Commissioner of IHREC Liam Herrick said: “While it is positive to see that the Minister has amended the Bill in line with some of our recommendations, serious concerns remain.”

“The Bill still provides for overly broad and questionable powers of detention, does not provide for access to legal advice and representation at the first stage and purports to restrict the right to family reunification.”

“Family reunification remains a key concern, as current proposals place significant obstacles to families separated by war and conflict being able to reunite with their children and loved ones. Being separated from family is one of the most difficult parts of being an international protection applicant. Being reunited with them is one of the most effective ways of promoting integration and family cohesion.”

The Department of Justice has been contacted for comment.

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
JournalTv
News in 60 seconds