Oireachtas Joint and Select Committees

Wednesday, 4 December 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Citizenship Rights and DeSouza Judgment: Discussion

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

The Court of Appeal. I had a look at the decision of the Upper Tribunal and parts of it are curious, other parts indicate, as Professor Harvey said, that there has not been full implementation. If one looks at the Good Friday Agreement, there are two agreements to it - there is the multi-party agreement, and there is the agreement between the two Governments. It is expressly provided in it, that persons are entitled to identify themselves, and be accepted as Irish or British, or both, as they may so choose. Clearly the two Governments agreed to that and the parties endorsed that agreement. I wish to ask Professor Harvey, in terms of the breach of an international treaty - I know the argument is it has not been implemented into British domestic law - if that provision has not been implemented into British law, what is the remedy there for Ms DeSouza in the first instance? Is it an obligation that rests on the other party to the agreement, the Irish Government, to try to invoke it, and if so, where does it go?

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