Commission calls for Oireachtas to be given greater time to consider important amendment, as final stage in Seanad tabled for tomorrow
As the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 (“the Bill”) is before the Seanad tomorrow, the Irish Human Rights and Equality Commission (‘the Commission’) has again written to Minister for Justice Helen McEntee, asking that the Minister remove the provisions from this Bill that provide for the revocation of Irish citizenship. This would allow time for appropriate pre-legislative scrutiny to consider whether sufficient safeguards are in place for Irish citizens who may be impacted by this far-reaching power. It is intended that the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 (“the Bill”), will amend the relevant provisions of Irish Nationality and Citizenship Act, 1956, that deals with the revocation of citizenship. The Commission believes that the necessary provisions could be included in another Bill in the autumn, afforded adequate time for consideration by the Oireachtas, and enacted before the end of 2024. Acting in haste to legislate this Bill has severely limited the time available for appropriate pre-legislative scrutiny of the proposed amending legislation to ensure that constitutionally compliant safeguards are built into it. The relevant proposed amendments were published only last week, 9 July 2024, for insertion at Committee Stage. Notwithstanding this, it is the government’s intention to enact the new law on revocation of naturalised citizenship before the Oireachtas rises for summer recess. The Commission remains is deeply concerned at the lack of adequate time and opportunity for appropriate scrutiny of legislative provisions of this significance and importance. In correspondence with the Commission, the Minister outlined her intention to address the findings of the Supreme Court in an earlier revocation case, handed down four years ago, with amending legislation. However, the Commission remains unconvinced that the relevant provisions of this Bill, as currently drafted, attain the high standards of natural justice envisioned by the Supreme Court in the earlier case. Irish Human Rights and Equality Director Deirdre Malone said,
“The Commission remains deeply concerned regarding the undue haste of this Bill, and the lack of opportunity for pre-legislative scrutiny. Additionally, we have concerns regarding the low threshold for initiating the revocation process, and whether the proposed process itself meets the standards of natural justice. Alongside this, we have raised with the Minister the potential for problems relating to the composition and independence of the Committee of Inquiry, as well as significant concern regarding the degree to which the Bill circumscribes the ability of the Committee of Inquiry to inquire into any national security concerns grounding the Minister’s decision. We urgently request that the Minister removes from the Bill those provisions that provide for the amendment of section 19 of the 1956 Act, to allow the appropriate time for their pre-legislative scrutiny.”
ENDS/ See letter sent to Minister McEntee, dated 10 July 2024 See letter sent to Minister McEntee, dated 16 July 2024 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.