The Irish Human Rights And Equality Commission has said it has “grave concerns” over the
reinstatement of the power to revoke naturalised Irish citizenship in cases involving fraud or
threats to national security, following key legal reforms addressing constitutional concerns
raised by the Supreme Court.
Irish Minister for Justice Jim O’Callaghan has formally reinstated the possibility to revoke
citizenship, but the IHREC says that it is unlikely that the new laws will withstand scrutiny in
the courts.
“In the Commission’s view the Government’s approach and this new law raises serious rule
of law concerns, in relation to the application of law to a cohort of Irish citizens, namely
those who are Irish by naturalisation rather than birth. In our view, as these new provisions
enter into force, further litigation is inevitable,” the commission said in a statement.
“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,” chief commissioner
Liam Herrick said.
The move marks the reactivation of a long-standing legal provision that had been on pause
since a 2021 ruling found the existing revocation process lacked sufficient safeguards.
The power enables the Minister for Justice to revoke citizenship granted by naturalisation,
but the process was previously deemed unconstitutional by the Supreme Court, which held
that it did not offer adequate procedural fairness, particularly in the absence of an
independent review mechanism.
Under the amended legislation, individuals facing the loss of citizenship now have the right
to appeal to an independent Committee of Inquiry, which can uphold or overturn the
Minister’s decision.
Speaking on the recommencement, Minister O’Callaghan said the restored power is a
“necessary and important” tool for protecting the integrity of 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,” he said. “This order is not designed to disadvantage or be
punitive against naturalised Irish citizens.”
The minister emphasized that revocation will remain a measure of last resort, reserved for
only the most serious circumstances.
The Department reiterated that all decisions involving revocation will undergo a fair and
independent review process to ensure the rights of naturalised citizens are fully protected.
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