The Irish Human Rights and Equality Commission has expressed grave concern over a decision by the Minister for Justice Jim O'Callaghan to sign an order commencing legislation allowing for naturalised Irish citizenship to be revoked in serious cases.
The Department of Justice confirmed that Minister O'Callaghan had signed the order to recommence legislation this week.
In a statement, IHREC said that the Government's approach and the new law "raises serious rule of law concerns", in relation to the application of law to a cohort of Irish citizens, namely those who are Irish by naturalisation rather than birth.
"In our view, as these new provisions enter into force, further litigation is inevitable," according to IHREC.
IHREC also said the Government rushed the legislation through the Houses of the Oireachtas in just eight days last July.
The Commission said it had engaged with Minister's O'Callaghan's predecessor Helen McEntee last summer, urging her to delay enactment of the new provisions until the autumn to allow for proper legislative scrutiny before enactment, and the introduction of appropriate safeguards.
"While Minister McEntee had proceeded to nevertheless enact the law, the Commission had been heartened by the fact that the decision had been taken not to commence it and bring it into effect," it said.
Chief Commissioner Liam Herrick said any legal framework for revoking Irish citizenship must be grounded in principles of proportionality and fair procedures, particularly for our fellow citizens who are Irish by naturalisation.
"Unfortunately, this law does not meet these standards," he said.
The Minister for Justice is empowered to revoke Irish citizenship granted by naturalisation under Section 19 of the Irish Nationality and Citizenship Act 1956 (as amended).
A Supreme Court judgment in 2021 found that the process lacked some necessary safeguards.
However amendments were made to the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 to address the issues raised in the Supreme Court Judgement.
The move by the Minister re-establishes the revocation process effective from 7 April.
Minister O'Callaghan has said that where citizenship has been obtained fraudulently or when an individual poses a serious risk or threat to the State, "it is essential that the power to remove the citizenship which has been granted to them is there".
The minister said the order was not designed to disadvantage or be punitive against naturalised Irish citizens.
"It does, however, provide repercussions and remedy when citizenship is acquired by fraudulent means, or when a person poses a serious threat to our society. Revocation of Irish citizenship is only undertaken in the most serious of circumstances and I am aware that the loss of citizenship has serious consequences."
