Supreme Court Rules that Sections of Law Revoking Citizenship Are Unconstitutional and Need Revision Through Oireachtas 10/02/2021

 

Writer / Editor Adrian McKenna.

With the debate of Irish Nationality and Citizenship Act 1956  now coming into mainstream circulation after mountain speculations over this past year from right wing activists and politicians all across the globe governments have been dipping into constitutional rights and freedoms in the name of the Pandemic.

Helen McEntee Minister for justice. was up against Justice Dunne leading the campaign for the Oireachtas to change the constitution right from under the nation while the nation is suffering and will do anything to get back to normal with unions fighting over who gets the Vaccination first all ahead of the over 70’s who eventually backed down giving way to the old and the venerable major decisions like this should be thought out in a more relaxed society.

Commission as Amicus Curiae Welcomes Court’s Focus on Fair Procedures

The Supreme Court has ordered that two specific provisions of the law which sets out how naturalised Irish citizens can be stripped of their Irish citizenship are unconstitutional, and need to be replaced by the Minister with the approval of the Oireachtas.

The Court ruled that sections 19(2) and (3) of the Irish Nationality and Citizenship Act 1956 are invalid, having regard to the Constitution. Following today’s ruling, before any revocation of citizenship can take place, it will be necessary to introduce a new process which meets the requirements of natural justice.

In October 2020, the Court ruled on the high-profile Ali Charaf Damache v the Minister for Justice and Equality. The Court found that that the scheme in section 19 of Act for the revocation of naturalised citizenship was unconstitutional. The Court then invited submissions from parties, and from the Irish Human Rights and Equality Commission in its role as amicus curiae, on what order it should make following this ruling.

The Commission argued before the Court that it was essential that naturalised Irish citizens facing possible revocation of their citizenship were afforded fair procedures in that process as a matter of human rights law.

The Commission expressed its view that the appropriate order from the Supreme Court would be one striking down section 19 of the 1956 Act in its entirety. It would then fall to the Oireachtas to enact legislation providing for the revocation of naturalisation including a procedure that meets the standards set out by the Court in its October judgment.

Addressing the issue of whether section 19(1) – the power to revoke naturalised citizenship – should be retained or declared unconstitutional Ms. Justice Dunne stated: “I understand the concerns expressed by the appellant and IHREC about leaving in place section 19(1) without appropriate safeguards being in place. However, I think this concern can be met by the granting of the appropriate declarations striking down the offending parts of the legislation. Given that it is clear from the principal judgment that there has to be a process which complies with fair procedures before a certificate of naturalisation can be revoked, it would be necessary to have such a process in being before any further step could be taken to revoke the appellant’s certificate of naturalisation”.

She went on to state that ”[i]t is inconceivable that any contested revocation of a certificate of naturalisation would take place without appropriate safeguards having been put in place”.

Ms. Justice Dunne went on to say “it would be appropriate for the Oireachtas to determine the basis of any proposed scheme to replace that which has been found wanting”. 

Accordingly she ruled that that the Minister may not establish an administrative scheme to exercise the power to revoke citizenship under the remaining parts of section 19 without statutory authority.

Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission, stated:

“We welcome today’s Supreme Court’s reiteration of the need for appropriate human rights safeguards to be in place before naturalised citizenship can be revoked.

“A roadmap has now been set out for the introduction of any replacement scheme, including the involvement of the Oireachtas. 

“It is now for the Minister for Justice and the Oireachtas to legislate to put in place a new scheme, which achieves the necessary balance and human rights protections.”

ENDS/

 

This is a massive public decision that needs widespread debate from all constituency’s with campaigning from both sides of the argument no government in Ireland under constitution can do this.

this so called government that swindled the people out of the election last year while the nation was up in arms with the fear from the media all across the world.

It does not matter what part of the political sector you are from this is not something that should be let decided by a rogue government that has absolutely destroyed every sector of society, all while creating a massive wealth system of capital gain at the height of corruption for new sectors that benefit the very people that are behind this charade.

 

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