Concerns raised over new law that can strip someone of Irish citizenship in serious cases

Eva Osborne

Concerns have been raised after Minister for Justice Jim O’Callaghan this week signed an order to recommence legislation allowing for Irish citizenship to be revoked in serious cases.

The Irish Human Rights and Equality Commission said it does not believe the new order is constitutional.

The commission is worried it would give Justice Ministers power to revoke 'naturalised citizenship' in inappropriate or disproportionate circumstances.

Chief commissioner Liam Herrick said a previous law dating back to 1956 was ruled as constitutional by the Supreme Court in 2021.

"When the state was found that its law was unconstitutional, it did nothing for a number of years and then suddenly out of nowhere in July it rushed through legislation without any discussion which basically reinstated that 1956 provision with some tweaks on the process," he said.

"And at the time, the Irish Human Rights and Equality Commission and many others expressed grave concern that why are we introducing such a really anachronous system of revoking citizenship."

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).

On g the order this week, Minister Jim O’Callaghan said: “The g of this order reestablishes the important and necessary power to revoke naturalised Irish citizenship.

"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 order is 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.”