The High Court has cleared the way for the Dáil to vote on the implementation of the EU Migration and Asylum Pact.
In a ruling yesterday, Mr Justice David Nolan dismissed a Kerry woman’s application for an injunction, against the Government and the Attorney General, preventing the Dáil from voting on the pact.
The judge held that the application was "bound to fail," and said that the court could not grant such an order as it would amount to a breach of the separation of powers being the courts, the Oireachtas, and the government.
The Dáil vote on the pact is due to take place this evening. The Seanad has already voted to approve the pact, the court heard.
Representing herself Michelle Keane, from Knocknagoshel, argued that the passing of the EU pact was unconstitutional, as it breaches Irish sovereignty and said the measures should only be passed by the people of Ireland by way of a referendum.
Counsel for the respondents argued that the adoption of the measures contained in the pact by the Oireachtas was permitted under Article 28.4.7 of the Constitution, which had been approved by the people in the 2009 vote on the Lisbon Treaty.
Judge David Nolan said that submissions put before the court by Ms Keane were "based on hearsay" and were not supported by evidence.
Mr Justice Nolan said that the courts could not grant the orders sought even if it wanted to, as it would amount to a breach of the separation of powers.
The judge said that he was awarding the defendants the costs of the application against the applicant.
Ms Keane said that she intends to appeal the decision.
