Oireachtas Joint and Select Committees
Wednesday, 4 December 2019
Joint Oireachtas Committee on Justice, Defence and Equality
Citizenship Rights and DeSouza Judgment: Discussion
Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source
I agree with Professor Harvey. I thought the Upper Tribunal decision was coherent until I got to paragraph 39, which I thought made very strange reading, because it says that the agreements do not, in fact, involve giving the concept of self-identification the meaning for which Ms DeSouza had argued. It goes on to say that if the parties to the multi-party agreement and the Governments of Ireland and the UK had intended the concept of self-identification necessarily to include a person's ability to reject his or her Irish or British citizenship, it is inconceivable that the provisions would not have dealt with this expressly. I would have thought that they dealt with it expressly.
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