Written answers

Wednesday, 26 October 2022

Department of Justice and Equality

Naturalisation Applications

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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155. To ask the Tánaiste and Minister for Justice and Equality if she will detail the parameters of the good character requirement in the naturalisation application process; if her Department has any intention of clarifying the definition of the good character requirement in legislation or through a statutory instrument; and if so, the details and timelines for the plan. [53686/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The granting of Irish citizenship through naturalisation under the provisions of the Irish Nationality and Citizenship Act 1956, as amended, is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union, as well as international level.

It is therefore important that appropriate procedures are in place to ensure that the integrity of the process is held in high regard both at home and internationally. Section 15 of the Act specifically refers to good character. Ireland, in common with many nations, has a requirement that applicants demonstrate that they are of good character.

Good character evolves over time, not least to take account of the enactment of any new laws in the State. In effect, the applicant’s character and conduct must measure up to reasonable standards of civic responsibility. A person needs to have demonstrated a history of compliance with the laws of the land. Good character is assessed in a number of ways, including but not limited to:

- Information provided by the applicant;

- Garda Vetting reports from the National Vetting Bureau;

- Home Country Police clearance;

- Information provided by Government agencies and bodies relating to adherence to the laws and regulations of the State.

The application form for persons seeking to apply for Irish naturalisation specifically requires the applicant to list offences, incidents and matters related to character and also provides an opportunity to provide additional details regarding any such offence(s)/incidents. The mere fact that a person has committed an offence does not automatically result in an applicant’s refusal, the individual facts and the context of the case are assessed. A person that is refused is provided with a copy of the written submission which recommended refusal.

The administrative processes around granting citizenship through naturalisation are kept under review by officials of my Department to ensure that they remain up-to-date and fit for purpose; the issue raised by the Deputy will be considered in that context.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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156. To ask the Tánaiste and Minister for Justice and Equality the number of revocations of certificates of naturalisation from 2000 to date in tabular form. [53687/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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For the period referred to by the Deputy, a total of six revocations have taken place arising from voluntary revocation or information coming to light regarding identity.

A Committee of Enquiry into Revocations has been established to consider individual cases under the Act and make recommendations to me for final decision.

There have been seven hearings by the Committee of Enquiry into Revocations and seven reports issued for eight applicants since the initial formation of the committee in 2014 and the first hearing in December 2018.

Revocations to-date

Year No.
2015 2
2016 2
2018 1
2020 1

The decisions are taken in accordance with the provisions of S.19 (1) of the Irish Citizenship & Naturalisation Act 1956, as amended and following a full consideration of the proportionality of the decision. The granting of Irish citizenship is a privilege and an honour and the revocation of Irish citizenship is only undertaken in the most serious of circumstances.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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157. To ask the Tánaiste and Minister for Justice and Equality if her Department has considered the introduction of an independent appeals mechanism for naturalisation decisions; and if so, the details and timelines for the introduction of same. [53688/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed in line with the eligibility criteria as set out under this Act.

Following the Supreme Court judgment in Pourgholami v Minister for Justice and Equality, a Single Person Committee of inquiry was established to review the refusal of applications of Irish Citizenship via the naturalisation process where National Security concerns arise.

The Committee has been established to review, upon request from the applicant, the material upon which the decision to refuse to grant a certificate of naturalisation was made, in circumstances where the basis of refusal is in whole or in part predicated on National Security concerns, given that the information concerned is secret and sensitive in nature.

Following a review of the material by the Single Person Committee, the Member will advise the Minister on its disclosure but cannot overturn a decision.

There is no appeals mechanism in place for a refusal on any other grounds.

It is open to a person to make a further application for the grant of a certificate of naturalisation at any time.

An unsuccessful applicant is asked to consider the previous reasons for refusal when making a new application.

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