Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 5, line 28, to delete "Sections 3 and 5" and substitute "Parts 3, 4, 7 and 9 and section 14(d)".

Amendments Nos. 1 and 31 are with regard to the Long Title. These are consequential amendments to provide for the insertion of these proposed amendments to the Irish Nationality and Citizenship Act 1956. Amendment No. 1 provides for the insertion of these amendments to the Bill. Amendment No. 31 provides for the consequential change in the name of the Long Title of the Bill.

Amendment No. 3 proposes to insert a new section 4A into the Irish Nationality and Citizenship Act 1956 as well as to amend sections 19(2) and 19(3) of that Act. I will outline the purpose of this. I propose the insertion of a new section 4A into the 1956 Act to allow for the electronic service of notices under this particular Act. This is in line with the Department's modernisation goal to move towards a more efficient delivery of services. The amendment mirrors similar amendments introduced last year to the International Protection Act 2015 and the Immigration Act 1999, by way of the Courts and Civil Law (Miscellaneous Provisions) Act, to allow for electronic service of notices. I wish to highlight that as with other Acts, notices may only be served electronically where the person has provided their consent for this. This is in relation to the citizenship Act to allow us to do things online. It is part of the overall modernisation programme but any time we engage with an individual online it must be with their consent and permission. This is to bring us in line with other changes that have been made.

The amendments to sections 19(2) and 19(3) of the 1956 Act restore the power of the Minister for Justice to revoke certificates of naturalisation under the Irish Nationality and Citizenship Act 1956. This power has been unusable since the Supreme Court judgment in the Damache case found the process used to revoke citizenship certificates under the Act lacked the necessary safeguards. This amendment therefore bolsters safeguards to ensure the procedure used for revocation is robust and fair. Again, this restores a power that had existed for the Minister. It must be noted that the circumstances in which certificates can be revoked under section 9(1) of the Act remain unchanged. This power is used extremely sparingly. In fact, it has been used eight times in total.

The revocation of Irish citizenship is only undertaken in the most serious of circumstances. The loss of citizenship has serious consequences and each case is considered very carefully. The Department has engaged extensively with the Office of the Attorney General to develop a new procedure to take account of the Supreme Court's findings on fair procedures. Previously where a person was informed of the Minister's intention to revoke their certificate of naturalisation, they had a right to request a committee of inquiry to examine the Minister's decision. The committee then reported its findings to the Minister but, crucially, the Minister was not obliged to accept the committee's findings. Under the new procedure the Minister will first write to the person concerned where he or she is considering revocation of a certificate of naturalisation. The Minister will provide the reasons for the proposal, subject to national security limitations. The person concerned will have 28 days to make representations to the Minister on foot of the notice. At this point the Minister will make a decision on the revocation, taking into consideration the representations made, if any. The Minister will write to the person outlining the decision and the reasons, subject to the same national security restrictions.

Where the Minister's decision is to revoke the certificate, the person will be entitled to request that the committee of inquiry examine the decision. The committee will be chaired by a retired judge of the Circuit Court, the High Court, the Court of Appeal or the Supreme Court and will also have two ordinary members whom the Minister deems to have appropriate qualifications. The committee will operate independently of the Minister and will have the option of affirming or setting aside the decision of the Minister. In coming to this decision the committee will hear from the Minister and the person concerned and may have regard to other matters it deems relevant. The committee will notify the person and the Minister of its decision and provide the reasons for same, with similar restrictions if there are issues regarding national security concerns.

I am satisfied this new procedure meets the high standards of natural justice mandated by the Damache judgment. It provides more opportunities to be heard and ensures the committee's decision is binding on the Minister. Overall, this is about improving the rights and protections in a revocation case. We are responding to the recent ruling and reinstating with these protections what has already existed in law for the Minister for Justice. I stress again this is a power that has been used eight times in total. It is not something that is used regularly. The number of times it has been used is minimal. This is just to allow the ability for the Minister to do this to continue.

See this speech in context