Wide-ranging law on citizenship, immigration and courts commenced

Helen McEntee

The Courts and Civil Law (Miscellaneous Provisions) Act 2023 will “help improve access to justice and make civil processes more efficient, streamlined and people-centred”, the Department of Justice said.

Among significant changes under the bill is a reduction in the residency requirement for children born in Ireland who do not have an automatic right to citizenship to apply for naturalisation from five years to three years.

Justice minister Helen McEntee said the change “will provide comfort and certainty to children and their families and enable our young citizens to flourish and fully participate in Irish life”.

Persons convicted of serious offences can now be served with a deportation order without the option of leaving the State voluntarily, which will also have the effect of preventing their return to the State.

Mrs McEntee said this “means they cannot evade deportation from the State and cannot return to the State once deported”, and represents “an important change that will strengthen the role of our immigration legislation in relation to public safety”.

The legislation also amends the Immigration Act 1999 to allow immigration authorities to serve documents electronically. This will allow for people to be contacted about their immigration decisions under the Act by email or through a customer portal where applicable.

There have been many examples where people have changed their address and may not have notified the Department, making them hard to reach by post. This change will enable the Department to send important notices, including deportation orders, even when a person may have moved.

Electronic service is “not intended to fully replace other modes of service already provided for under current legislative provisions” but will “allow more flexibility and efficiency for customers”, the Department said.

The changes will also “support ongoing modernisation of the immigration service delivery, including the introduction of a digital customer portal that will be rolled out over the coming years”.

Mrs McEntee said: “It is important that our immigration system is fair, balanced and rules-based. Where a person has a right to international protection it is important that that person can be granted international protection as quickly as possible.

“However, when a person’s immigration application has been denied, and where their avenues of appeal have been exhausted, it is important that the person is returned to their home country as quickly as possible.

“The amendments to the International Protection Act will reduce administrative burdens and improve the digital services available to customers. If for example, a person has changed address but not notified the Immigration Service, we will be able to issue that immigration decision by email.”

Other provisions of the Act are aimed at increasing efficiencies in the Courts Service, including by establishing a centralised office to administer the summoning of juries.

This will be complemented by the Court Service’s ongoing rollout of its modernisation programme, including their online customer portal which allow people to respond to their jury summonses online rather than by post.

The legislation also enables the Courts Service to designate any court office as a centralised office for the purpose of carrying out specified court business exclusively or in addition to a local office.

The Act also amends the Legal Services Regulation Act 2015 to pave the way for the controversial introduction of partnerships between solicitors and barristers or between barristers and other barristers.

Mrs McEntee said: “Having in place administrative processes that are fast, efficient and simple to navigate is essential to improving access to justice for our citizens.

“The amendments I have commenced today across a range of civil areas will simplify and improve the legal processes as people go through what are often personally challenging and stressful situations.”