Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I thank the Cathaoirleach, the Leader and staff for their contribution to a very positive term in the Seanad.

A very alarming case regarding a young couple in Belfast has received media coverage in the past two days. The Leader and other Members may be aware of it. The couple are seeking a family member residence card to allow the husband of the couple to remain in Belfast and build a life for himself and his wife. Jake and Emma DeSouza are being appallingly treated by the visas and immigration section of the UK Home Office. They allege they are experiencing controlled movement and confinement because the UK Home Office is refusing to recognise the legitimacy of Emma DeSouza's Irish nationality. She was born in Magherafelt in south Derry, holds an Irish passport and considers herself Irish. She is Irish. She bases her legal claim to Irish citizenship on her passport and the clause in the Good Friday Agreement that legally and constitutionally recognises her Irish nationality. The clause declares that the British and Irish Governments will:

recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland.

That clause clearly recognises Ms DeSouza's right to identify as an Irish national.

The Northern Ireland Act 1998 and the Good Friday Agreement form the legal framework within which people in Northern Ireland live and engage with law and society. That is important because the 1998 Act gives legal protection to Ms DeSouza's human rights and affords her protection under section 76, which deals with discrimination by public authorities, of which the visas and immigration section of the UK Home Office is one. The section states that it is unlawful for a public authority carrying out functions in relation to Northern Ireland to discriminate or to aid or incite another person to discriminate against a person or class of person on the grounds of religious belief or opinion. The visas and immigration section of the UK Home Office is refusing to accept Ms DeSouza's Irish nationality and is, therefore, discriminating against her and her husband. I have a significant amount of further detail on this complex case that I wanted to raise before the summer recess because the House should revisit it. I am due to meet Ms DeSouza next week. I encourage Members from all parties and none not just to show their support for Ms DeSouza's affirmation as an Irish citizen, but also to offer her practical assistance in ensuring that her rights and legal protections are upheld.