Government urged to delay plan for new citizenship revocation regime

Government urged to delay plan for new citizenship revocation regime

Plans to give the government new powers to revoke Irish citizenship may not meet the standards of natural justice and should be delayed for further consideration, Ireland’s human rights watchdog has said.

The final stage debate on the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 will take place in the Seanad this afternoon.

The government is seeking to use the bill to amend the Irish Nationality and Citizenship Act 1956 to introduce a new regime for the revocation of citizenship.

There is currently no lawful mechanism for the revocation of Irish citizenship following a 2020 Supreme Court ruling which found that sections 19(2) and (3) of the 1956 Act are repugnant to the constitution.

The Irish Human Rights and Equality Commission has criticised the government for rushing through changes to the 1956 Act. The text of its proposed amendments were only published last week and ministers are seeking to make them law before the summer recess.

The Commission has suggested that the necessary provisions could be included in another bill in the autumn and enacted before the end of 2024, providing time for pre-legislative scrutiny to ensure that constitutionally-compliant safeguards are built into it.

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.”

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