Oireachtas Joint and Select Committees

Tuesday, 22 November 2022

Select Committee on Justice and Equality

Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

Amendment No. 8 proposes to replace section 30 of the Irish Nationality and Citizenship Act 1956. That section provides that, whenever any person is required or empowered by the Act to make a declaration for the purposes of Act, regulations made under the Act may require that such a person shall pay, on the making of such declarations, such fees as prescribed. No regulations have had to be made under section 30 to prescribe fees for the purpose of that section to date. It is not clear to me, therefore, what the intention of this amendment is.

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011, SI 569 of 2011, which were made in exercise of the ministerial powers conferred by section 3 of the 1956 Act. The application fee stipulated at €175 is payable on application for a certificate of naturalisation, and a certification fee is payable on the issue of certification of naturalisation. The standard certification fee is set at €950, with a reduced fee of €200 applying in the case of an application made on behalf of a minor or, in certain cases, when the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee.

The granting of Irish citizenship through naturalisation is a privilege and an honour that confers certain rights and entitlements, not only within the State but also at a European Union level. It is important the appropriate procedures are in place to preserve the integrity of the process. The standard fees payable by an applicant are designed to affect the effort and cost involved in processing applications for a certificate of naturalisation, which, given the benefits involved, is quite a detailed process. All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department. For those reasons, I do not propose to accept amendment No. 8.

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