The Irish Nationality and Citizenship Act, 1956 contained in the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 is due to be voted on next week. Nasc are deeply concerned that the proposed changes to procedures for revoking Irish citizenship have not received adequate parliamentary scrutiny. As noted by the Irish Human Rights and Equality Commission, the relevant proposed amendments were published only on the 9th July 2024. The matter of the revocation of citizenship is a weighty and significant matter and deserves full and proper scrutiny. The Supreme Court ruled in the case of Damache v the Minister for Justice and Equality in February 2021 that sections 19(2) and (3) of the Irish Nationality and Citizenship Act 1956 governing the revocation of citizenship were unconstitutional. Given that over three years have passed since the Supreme Court judgement, the plan to propose and legislate for revocation within the span of two weeks, would appear to be unduly hasty and unnecessary.
There has been no consultation, that Nasc are aware of, with civil society groups or human rights experts on how to implement changes to revocation procedures in a manner that is respectful of the dignity and human rights of those concerned.
We have deep concerns about the far-reaching nature of the power which would be granted to the Minister for Justice in the proposed amendments. The Minister will have the power to appoint the members of the Committee of Inquiry and set out the procedures by which the Committee will operate. In these circumstances, we are concerned that the Committee will not be able to act independently.
The timeframes set out for naturalised citizens facing revocation of citizenship provides for only 28 days to make representations in writing to the Minister with regard to the intended revocation and 14 days from the date of the Minister’s decision to revoke citizenship to request an inquiry. These timelines are extremely short, and we are concerned that individuals will have insufficient time to understand the gravity of the proposed letters and to seek assistance.
Given the serious nature of the revocation of citizenship and the complex legal issues likely to arise in any such case, it is worrying that there is no specific entitlement to legal aid. We urge that at a minimum, safeguards be introduced to ensure that persons at risk of revocation have access to means tested legal aid.
Finally, we are concerned that in circumstances where the Minister believes there are national security grounds for the revocation of citizenship, the requirement to provide reasons for the decision either at the initial decision stage or on review by the Committee of Inquiry is lifted. There is significant potential for an individual challenging this decision to incompletely understand the State’s case and be inadequately prepared to respond.
As an organisation working with refugees, migrants and naturalised Irish citizens we foresee considerable issues with the implementation of the proposed legislation. We believe that further consultation and discussion are necessary to ensure that the rights of the State and those of naturalised Irish citizens are adequately balanced.