A HUMAN RIGHTS watchdog has raised “significant concerns” over a number of new amendments to existing laws which plan to limit the time naturalized citizens have to contest a revocation order from the State.

In a letter to the Minister for Justice Helen McEntee, The Irish Human Rights and Equality Commission (IHREC) is protesting the speed at which Government is moving to implement the new amendments.

The IHREC has said that the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 will likely be passed without significant debate or scrutiny later this week.

The concerns raised by the watchdog are, for the most part, over planned legislative changes to the existing Irish Nationality and Citizenship Act 1956, which already gives powers to the Minister to begin the process of revoking citizenship from naturalized citizens.

The changes will limit the number of days a citizen has to respond to the initial notice of revocation. 

As it stands, there are currently no time limits for citizens to challenge notices of revocation from the Minister. The Minister must first informs the citizen that their citizenship is subject to revocation and a decision is made pending an inquiry.

After the proposed changes, however, a citizen will have 28 days, from when the received the initial notice informing them that their status is subject to revocation, to the plead their case.

Their case is then sent to Committee of Inquiry and the Minister where a decision is made on whether to revoke the citizen’s status or not. If the group decides to revoke their status, a citizen will have 14 days to challenge the decision.

According to Sinnott Solicitors, a firm who specialise in immigration law, as of 2020 there have been “very few” revocation cases in the Irish Courts system.

Although, the lawyers said, there could be an increase in revocation orders with the rise in the number of people granted naturalised Irish citizenship in the coming years.

The IHERC, in their letter to McEntee, has argued that the length of time proposed for citizens to challenge a decision, 14 days, is “[u]nnecessarily short and unreasonable”.

The Commission said it is “concerned that the current Bill does not provide the procedural safeguards required to meet the high standards of natural justice necessary to a person facing the severe consequences”, which have been previously outlined in the Supreme Court.

It has also contested the level of independence on the Committee of Inquiry, who will review each revocation case, as the Minister will be afforded the power to establish and appoint members to that committee.

A new, proposed provision in the legislation will also make it so the revocation process will not have to be carried out by the Minister if the decision could be “contrary to the interests of national security”.

The IHERC, in its letter to McEntee, asks to know the extent to which the safeguards can be circumscribed in the interest of national security.

In a debate in the Dáil last week, Independent TD Thomas Pringle was one of many TDs to have also criticised the Government and accused them of attempting to rush the legislation through. 

“This is incredibly concerning,” the Donegal TD said. “I have to wonder why the Government seems so hesitant to allow for proper scrutiny.

“Surely, if the Government was confident in the legislation it is introducing, allowing time for scrutiny and engagement would not be an issue,” he added.

During the same discussion in the Dáil last Tuesday, Ceann Comhairle Seán Ó Fearghaíl postponed the debate for an hour as not enough members of Government had arrived in the Dáil chambers for it to be debated.

McEntee thanked the TDs for their inputs and said she would “take them on board and engage where issues have been raised”. 

The bill will be discussed in the Dáil again later this evening.