Sinéad Gibney

Having ruled last year that sections 19(2) and (3) of the Irish Nationality and Citizenship Act 1956 are repugnant to the constitution, Ms Justice Elizabeth Dunne yesterday made orders striking down the “offending parts of the legislation”.

The Irish Human Rights and Equality Commission had, in its capacity as amicus curiae, called on the court to strike down section 19 in its entirety, including section 19(1) which establishes the power to revoke naturalised citizenship.

However, Ms Justice Dunne said: “I understand the concerns expressed by the appellant and IHREC about leaving in place section 19(1) without appropriate safeguards being in place. However, I think this concern can be met by the granting of the appropriate declarations striking down the offending parts of the legislation.

“Given that it is clear from the principal judgment that there has to be a process which complies with fair procedures before a certificate of naturalisation can be revoked, it would be necessary to have such a process in being before any further step could be taken to revoke the appellant’s certificate of naturalisation.”

She said it was “inconceivable” that any contested revocation of a certificate of naturalisation would take place without those appropriate safeguards having been put in place, and that it was “appropriate for the Oireachtas to determine the basis of any proposed scheme to replace that which has been found wanting”.

Accordingly she ruled that that the Minister may not establish an administrative scheme to exercise the power to revoke citizenship under the remaining parts of section 19 without statutory authority.

Sinéad Gibney, chief commissioner of the Irish Human Rights and Equality Commission, said: “We welcome today’s Supreme Court’s reiteration of the need for appropriate human rights safeguards to be in place before naturalised citizenship can be revoked.

“A roadmap has now been set out for the introduction of any replacement scheme, including the involvement of the Oireachtas. It is now for the Minister for Justice and the Oireachtas to legislate to put in place a new scheme which achieves the necessary balance and human rights protections.”