New provisions are unlikely to withstand constitutional scrutiny in all cases, says Commission
The Irish Human Rights and Equality Commission regrets the decision of Minister O’Callaghan to sign an order to commence legislation allowing for naturalised Irish citizenship to be revoked, particularly given the momentous impact it will have on the lives of those it affects, including the risk of rendering some of them stateless. In his press release the Commission notes that the Minister states revocation of citizenship is only undertaken in the most serious of circumstances.
However, the Commission is concerned that the legislation, as commenced, has the potential to empower any Minister for Justice to use revocation of naturalised citizenship in inappropriate or disproportionate circumstances. Last July the Government rushed this legislation through the Houses of the Oireachtas in just 8 days. The Commission had engaged with Minister’s O Callaghan’s predecessor Minister McEntee last summer, urging her to delay enactment of the new provisions until the Autumn to allow for proper legislative scrutiny before enactment, and the introduction of appropriate safeguards.
While Minister McEntee had proceeded to nevertheless enact the law, the Commission had been heartened by the fact that the decision had been taken not to commence it and bring it into effect. In the Commission’s view the Government’s approach and this new law raises serious rule of law concerns, in relation to the application of law to a cohort of Irish citizens, namely those who are Irish by naturalisation rather than birth. In our view, as these new provisions enter into force, further litigation is inevitable. We reiterate our view that this legislation empowers this and any future Ministers to use revocation in inappropriate or disproportionate circumstances. Furthermore, it contains procedural and substantive provisions that, in our view, are unlikely to withstand judicial scrutiny when tested against the high standards envisaged by the Supreme Court in Damache. Legislation of this nature does not engender confidence in our system of revocation – particularly for our fellow citizens who are Irish by naturalisation. Chief Commissioner Liam Herrick said “Any legal framework for revoking Irish citizenship must be grounded in principles of proportionality and fair procedures, particularly for our fellow citizens who are Irish by naturalisation. Unfortunately, this law does not meet these standards.”
ENDS/
Notes to editors: To see letter to Minister McEntee, dated 17 July, click here To see previous letter to Minister McEntee, dated 16 July, click here To see previous letter to Minister McEntee, dated 10 July, click here
For further information, please contact: Sarah Clarkin IHREC Communications Manager, 01 8592641 / 087 4687760 sarah.clarkin@ihrec.ie Follow us on twitter @_IHREC Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State. The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.