President Catherine Connolly is to hold a meeting of her Council of State to consider the constitutionality of the recently passed International Protection Bill.
The legislation, viewed as the most significant reform of immigration law in the history of the State, was passed by the Dáil on Wednesday.
It was due to go to the President for consideration and to be signed into law.
However, on Thursday, Connolly said she had convened a meeting of the Council of State, a collection of high-level advisers, under Article 26 of the Constitution. It will be held at Áras an Uachtaráin on Monday.
After such a meeting the President can refer a Bill to the Supreme Court for a decision on whether the legislation, or any part of it, is “repugnant” to the Constitution.
The controversial International Protection Bill was accepted by 86 votes to 62 on Wednesday night after a final and curtailed three-hour debate that considered 267 Government amendments from the Seanad, most of which passed without debate.
The reforming legislation aims to bring asylum law in line with the European Union migration and asylum pact in advance of a June 6th deadline. The pact introduces a wide number of restrictive measures to limit the number of immigrants gaining access to the EU.
The Council of State is designed to counsel the president on certain official matters as set out in the Constitution. It is comprised of former holders of high office, such as past taoisigh, and other appointees.
In 2015, president Michael D Higgins convened a meeting to decide whether to refer the International Protection Bill 2015 to the Supreme Court to test its constitutionality.
The then president was said to be concerned about the guillotine imposed on the legislation, which meant that there was limited debate on its provisions in the Dáil and Seanad.
Ultimately, however, Higgins decided against referring the Bill and he signed it into law.
In 2023, he referred the Judicial Appointments Commission Bill to the Supreme Court. It was the only time he referred a piece of legislation to the court during his term of office.
The Supreme Court later found it constitutional and Higgins then signed it into law.