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

There has been considerable delay in giving effect to the decision in the Damache case. The circumstances of Demache made quite a significant case. Another matter that needs to be emphasised is that it certainly must be the case that the Government - the Executive - must be entitled to decide whether revocation of naturalisation is permitted. I listened to the points that Deputy Howlin made and others echoed in respect of a two-tier system and the revocation of naturalisation. Certainly from looking at the Damache case, and there was a full challenge there, I do not believe the Supreme Court had huge concerns in respect of the ability to revoke naturalisation. There was no question over the entitlement of the Government to revoke naturalisation.

I also note what Deputy Howlin said about the proposed new subsection (1O), which provides that in certain circumstances, the Minister will not be required to give reasons or to set out her opinion as to why a revocation order should be made if she believes that "specifying the reasons for the decision would be contrary to the interests of national security". When it comes to granting naturalisation or considering issues in respect of the revocation of naturalisation, it must be the case that the Executive will have information in respect of individuals which is information that probably cannot be put into the public domain. On balance, most information, where possible, should be put out into the public domain. However, if there is information that has been identified and it convinces a Minister that there are national security reasons for revoking a certificate of naturalisation, that should be permitted to be done by a Minister. I suppose you have to place on trust what a Minister is doing and the reasons for doing it. Certainly a Minister could not do it unless there were legitimate reasons for doing so.

I note the concerns of Opposition Deputies. As I have said, it would have been preferable if there had been a full Second Stage debate on this matter. I came in here and listened to the debate about amendment No. 3. This is certainly an issue where legislation has to expedited, given that at present the process for revoking certificates of naturalisation simply does not operate because we have not put in place an independent and impartial committee of inquiry that can revoke naturalisation, as the Minister is entitled to do provided she goes through an independent and impartial process.

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