McAleese to refer Bills to Supreme Court to decide on constitutionality

The President, Mrs McAleese, has decided to refer sections of two Bills to the Supreme Court, which will consider their constitutionality…

The President, Mrs McAleese, has decided to refer sections of two Bills to the Supreme Court, which will consider their constitutionality.

They are the Illegal Immigrants (Trafficking) Bill and the Planning and Development Bill. The court has 60 days in which to decide whether they are constitutional.

If the Supreme Court upholds the constitutionality of the sections of the Bills, the President must sign them. If it declares them unconstitutional, they go back to the Oireachtas.

Mrs McAleese made her decision following a meeting with the Council of State yesterday. She is required to seek the advice of the council before making such a decision, though she has absolute discretion.

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This is the first time President McAleese has exercised her power under the Constitution to refer Bills to the Supreme Court, and the first time two Bills have been referred on the same day.

The President has 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 Bill relates to judicial review. It was one of the amendments introduced into the Bill and sets a limit of 14 days in which an asylum-seeker can seek a judicial review of a deportation decision.

It also stipulates 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 this 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 housing supply, 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.

Nineteen members of the Council of State attended the meeting yesterday. They were the Taoiseach, Mr Ahern; the Tanaiste, Ms Harney; the President of the High Court, Mr Justice Morris; the Attorney General, Mr Michael McDowell; the Ceann Comhairle, Mr Seamus Pattison; the Cathaoirleach of the Seanad, Mr Brian Mullooley; and Mr John Bruton, leader of Fine Gael.

Among the former Taoisigh present were Mr Albert Reynolds, Dr Garret FitzGerald and Mr Liam Cosgrave. Mr Charles Haughey did not attend this or the previous meeting.

Former chief justices Mr Tom O'Higgins, Mr Tom Finlay and Mr Liam Hamilton attended, as did President McAleese's nominees: Mr Brian Crowley MEP; northerner Mr Noel Stewart; businessman Mr Martin Naughton; trade unionist Ms Christina Carney-Flynn; Sister Stanislaus Kennedy; and a former student, Mr Gordon Brett.