The Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 has passed through both Houses of the Oireachtas and is now awaiting being signed into law by the President. Once enacted, the Bill will insert new provisions into the Irish Nationality and Citizenship Act 1956 (as amended) that deals with the revocation of citizenship for naturalised Irish citizens. The previous system for revocation was struck down by the Supreme Court four years ago in the Supreme Court case of Damache v Minister for Justice [2020] IESC 63 for failing to meet the “high standards of natural justice” which the Court held must apply to the process of revocation of certificates of naturalisation. The Supreme Court held that any such process must comply with fair procedures and contain adequate safeguards for persons facing the revocation of their citizenship.

Section 19 of the Irish Nationality and Citizenship Act 1956 (as amended) currently allows the Minister for Justice to revoke a certificate of naturalisation in cases where (1) the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, (2) the person has failed in their duty of fidelity to the nation and loyalty to the State, (3) the person is ordinarily resident outside Ireland for a continuous period of seven years and without reasonable excuse has not annually registered an intention to retain Irish citizenship, (4) the person is a citizen of another country which is at war with Ireland, or (5) the person has voluntarily acquired another citizenship. These reasons for revocation are unchanged by the new Bill. The Supreme Court case of Damache struck down the process the Minister had previously used to revoke naturalisation, and therefore there was and remains no pathway for the Minister to revoke naturalisation, until such time as the new Bill is signed into law by the President.

 

Berkeley Solicitors has reviewed the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 with a view to advising clients who may be issued with notices of intention of revocation of citizenship. The new Bill raises concerns in respect of short timeframes for naturalised citizens facing the revocation process to engage (as little as six weeks in total from proposal to revocation pursuant to sections s.19(IC) and (IJ)), the requirement to only use one method to serve of the notice of intention to revoke, the level of independence afforded to the Committee of Inquiry in circumstances where the Minister will prescribe their procedures and the availability of oral hearings, and the exception to the requirement to give reasons to a naturalised citizen facing the revocation process when issues of national security are raised (s.19(1O)).

 

There are also concerns about the ambiguous nature of some of the listed reasons for revocation, in particular, in what circumstances a person can be deemed to have failed in their duty of fidelity to the nation and loyalty to the State. On this point, Minister McEntee has stated:

“This power is used sparingly and has been used less than ten times in total from 1956 to-date. The revocation of Irish citizenship is only undertaken in the most serious of circumstances, including on grounds of fraud, deception and national security.”

 

For further information, please see the press release published by the Irish government: https://www.gov.ie/en/press-release/e7e2f-ministers-mcentee-and-browne-welcome-passage-of-the-courts-civil-law-criminal-law-and-superannuation-misc-provisions-bill/

A copy of the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 as passed by Dáil Éireann is available at: https://data.oireachtas.ie/ie/oireachtas/bill/2024/48/eng/ver_a/b48a24s.pdf

 

Berkeley Solicitors are available to provide support and assistance to any persons affected by the new revocation process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.