Justice minister regains power to revoke naturalised Irish citizenship

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Legislation restoring the minster for justice’s power to revoke naturalised Irish citizenship has been commenced in spite of continuing concerns from the Irish Human Rights and Equality Commission.
Revocation of citizenship has not been possible since the Supreme Court’s ruling in the Damache case in 2021, where it found that the process set out in section 19 of the Irish Nationality and Citizenship Act 1956 lacked necessary safeguards.
The law was subsequently amended through the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024.
The government says these changes have sufficiently addressed the issues identified by the Supreme Court and pave the way for the re-establishment of the revocation process.
Justice minister Jim O’Callaghan said: “The signing of this [commencement] order re-establishes the important and necessary power to revoke naturalised Irish citizenship.
“Where citizenship has been obtained fraudulently or when an individual poses a serious risk or threat to the State, it is essential that the power to remove the citizenship which has been granted to them is there.
“The order is not designed to disadvantage or be punitive against naturalised Irish citizens. It does, however, provide repercussions and remedy when citizenship is acquired by fraudulent means, or when a person poses a serious threat to our society.
“Revocation of Irish citizenship is only undertaken in the most serious of circumstances and I am aware that the loss of citizenship has serious consequences.”
However, the Irish Human Rights and Equality Commission said further litigation is “inevitable” due to what it says are “serious rule of law concerns” with the revised law.
The Commission said the updated legislation could still potentially be used by ministers for justice to revoke naturalised citizenship in “inappropriate or disproportionate circumstances”.
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.”