McEntee is Toxic.

Fred Bassett's avatarPosted by

Lawyers For Justice Ireland

@LFJIreland

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We must demand a Referendum on the EU Migration and Asylum Pact as it is a direct attack on our Constitutional Sovereignty. It was announced this week that Minister McEntee has secured approval from Government to opt-in to measures of the EU Pact on Migration and Asylum YET there has been NO national debate on the significant ramifications of the provisions on our Constitutional Sovereignty. Under Article 29.4.7 of our Constitution the State may exercise the opt-in provision to EU immigration policies if it is approved by both Houses of the Oireachtas. A Referendum must be held if the EU Migration and Asylum Pact conflicts with Article 6.1 of our Constitution to designate the rulers of the State and, in final appeal, to decide all questions of national policy. Government is silent on whether the opinion of the Office of the Attorney General has been sought on the Constitutional implications of the provisions of the EU Migration and Asylum Pact. The new Pact includes a ‘solidarity’ Asylum and Migration Management Regulation (AMMR) whereby a minimum of 30,000 asylum seekers will be relocated across the EU per year from countries under “migration pressure”. Each Member State will be responsible for accepting a quota of relocated asylum seekers based on population size and GDP, or pay €20,000 per asylum seeker applicant per annum. The Business Post has confirmed that Ireland will be liable for more asylum seekers than most other European countries because our GDP is inflated with the presence of so many multinational corporations. The AMMR requires the State to surrender Sovereignty under Article 6.1 of our Constitution to the EU who will dictate the quota of relocated asylum seeker applicants Ireland must receive. The State will therefore be restrained in the exercise of its functions as the EU will have the final say on the quota of relocated asylum seekers Ireland must receive. Ireland’s Sovereignty and the people’s right under Article 6.1 of the Irish Constitution to designate the rulers of the State and, in final appeal, to decide all questions of national policy, is at stake. In the recent case of Costello v. Government of Ireland (2022) the Supreme Court invoked the landmark decision of Crotty with Dunne J surmising that in light of Crotty and Pringle, “[w]hat one can say at this stage is that a proposed treaty or agreement that restrains or diminishes the exercise by the organs of the State of the powers conferred on them under the Constitution will require a referendum.” We cannot trust the corrupt political establishment to protect and serve our interests. It is up to the Irish people to organise as a collective force to demand that a Referendum is held on the EU Migration and Asylum Pact. Contact your TDs and call upon them to do the job they are supposed to do and table an urgent motion on the Constitutional ramifications of the EU Migration and Asylum Pact in light of the Costello case invoking the landmark decision of Crotty. We CANNOT trust the State to protect our Constitutional Sovereignty from unjust attack. #IrelandOptsOut

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