President Catherine Connolly has convened a meeting of the Council of State under Article 26 of the Constitution to discuss the constitutionality of the International Protection Bill 2026.
The bill passed through the Houses of the Oireachtas last night and was accepted by 86 votes to 62.
A meeting will take place on Monday afternoon, where the council will consider whether the International Protection Bill 2026 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".
Described by Minister Jim O'Callaghan as the most significant reform of Irish asylum laws in the history of the State, the bill is tied to the EU Migration & Asylum Pact which will come into force across the EU in June.
The bill requires the signature of the President in order to become law.
The Irish Refugee Council has welcomed the decision to refer the bill to the Council of State.
Next week's meeting will be the first meeting of President Connolly's Council of State.
The Council of State is an advisory body to the President which includes all current and former taoisigh, tánaistí and chief justices.
Other members include the President of the Court of Appeal, President of the High Court, Ceann Comhairle, Cathaoirleach of the Seanad and the Attorney General.
In addition, each President can nominate seven of their own members.
Last month, President Connolly appointed seven individuals - Fionnuala Ní Aoláin, Linda Ervine, Colin Harvey, Kathleen Lynch, Donncha O'Connell, Conor O’Mahony and Ciarán Ó hÓgartaigh - to the Council of State/
Sinn Féin has said that the President's decision to consider the constitutionality of the bill is not a surprise.
In a statement, the party's justice spokesperson Matt Carthy said the proposed law was rushed through the Oireachtas in a "reckless manner" and he said the Justice Minister was warned that the Bill may not be lawful.
The power to convene the Council of State is contained in Article 26 of the Constitution.
Former president Michael D Higgins invoked the power four times during his 14-year presidency.
These meetings considered the Protection of Life During Pregnancy Bill 2013, the International Protection Bill 2015, the Judicial Appointments Commission Bill 2023 and the Defence (Amendment) Bill 2024.
Read More: President makes seven appointments to Council of State
