Michael McDowell (Dublin South East, Progressive Democrats)

Of the five grounds, one does not apply to Irish associations citizenship. The second ground is that the certificate is procured by fraud, misrepresentation, whether innocent or fraudulent, or the concealment of material facts or circumstances. I will not speculate as to whether there was fraud in this case. The question arises — again, it is an argument to be made and perhaps I should not speculate on it — as to whether fraud involves an improper inducement, but I do not know the answer. The third ground is that the person has shown himself or herself to be in breach of the duty of fidelity to the nation or loyalty to the State. That does not arise in the majority of cases. The fourth ground is that the person is a citizen of a belligerent state, which has not yet arisen. The last ground is that he or she has acquired other citizenship.

The grounds for revocation under the law as it stands are fairly narrow. I am not expressing a view that a Minister could not, in certain circumstances, seek to quash a decision made by a predecessor. I am not suggesting that is a legal proposition. I am saying there must be a question mark over it. I am not suggesting that none of these grounds would apply in this case. I must have evidence of the existence of a ground under the law as it stands before I do anything. Again, a matter on which one would need to get very considered legal advice is whether it would be permissible under our Constitution to vary the circumstances under which one could revoke somebody's citizenship acquired in this way with retrospective effect.

For example, the power of revocation here is confined to naturalised citizens and does not apply to native born Irish people. I presume it is possible under the Constitution, because acquisition and loss of citizenship are prescribed in accordance with law, to deprive a natural born Irish citizen of nationality under some law analogous to this but perhaps different. It may be that a natural born Irish person has constitutional rights to hold on to citizenship which do not apply to naturalised persons. However, all of that is really in the realms of constitutional and legal hypotheses and I am not in a position today to offer a firm or conclusive view. If I had any evidence which would allow me to do anything under my existing statutory powers, I would have to go to the Attorney General to get very comprehensive advice on the subject.