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06 Sept 2025

Barrister in court bid to halt Oireachtas vote on EU pact on migration and asylum

High Court challenge seeks to delay vote until referendum takes place

Barrister in court bid to halt Oireachtas vote on EU pact on migration and asylum

The matter was mentioned before the High Court in Dublin

Reporter:

Aodhan O'Faolain

19 Jun 2024 6:16 PM

The High Court has been asked to grant orders delaying the Dail and the Seanad from voting on measures contained in the EU pact on migration and asylum until a referendum takes place.  
The application, which has been brought by barrister Una McGurk SC, came before Mr Justice David Nolan this 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.
In her proceedings against the Clerk of the Dail, the Clerk of the Seanad, the Minister for Justice, Ireland and the Attorney General Ms McGurk seeks various orders. 
These include injunctions delaying any vote in either house of the Oireachtas on the EU measures from taking place "until such time as a referendum of the people takes place to determine the constitutionality of any such ceding of sovereignty." 
The judge who noted that the application has not been notified in advance to the defendants, said that he was not prepared to make any orders without hearing from the other sides.
He said that 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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