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Does my Irish passport (and citizenship) still give me the same rights as Irish citizens born in the Republic of Ireland?
My question to you is do we need to move south so we can be proper citizens of our own land?
SEVERAL QUERIES WERE sent to the Irish government from people concerned about the implications of the DeSouza ruling on their citizenship status.
Derry woman Emma DeSouza won a case against the UK’s Home Office in 2017 after it deemed she was British when her US-born husband Jake applied for a residence card, with the judge in that tribunal arguing that the Good Friday Agreement “supersedes” British domestic law: “Nationality cannot therefore be imposed upon them at birth.”
But on 14 October, an immigration tribunal upheld an appeal brought by the Home Office, and argued in its decision that “a person’s nationality cannot depend in law on an undisclosed state of mind”.
This decision is now being appealed by DeSouza; the Irish government also supports the DeSouzas’ argument, with Taoiseach Leo Varadkar stating in the Dáil that Emma DeSouza “is an Irish citizen”.
In a number of records released to TheJournal.ie under a Freedom of Information request, Department of Foreign Affairs and Trade officials are seen writing to one another about the calls.
“A mentioned on the phone,” one official wrote to another on 17 October, “we are getting a few calls/emails from the public who are concerned about the implications of the DeSouza verdict on their Irish citizenship.”
Emailed queries
Among the emailed queries sent to the Department between 14-29 October is one from a person who hopes that their “anxiety” in relation to the DeSouza verdict “is misplaced”:
“I am an Irish citizen… A reading of a summary of the DeSouza case suggests to me that in UK law I am considered a British citizen, and that the UK does not recognise my Irishness until if/when I relinquish/disown it.”
In other correspondence, an official says that they “got a call with a similar query from a Northern Ireland born Irish citizen asking a similar question”, this being ‘what effect does the DeSouza case have on Irish citizenship’.
On 15 October, a citizen wrote a lengthy email addressed to Taoiseach Leo Varadkar about the verdict: “I am writing to you because I am really upset about the ruling of the immigration tribunal court in the UK about Irish citizens living in the north of Ireland”.
This is unacceptable. I don’t want to be a British citizen. I am Irish and I travel on an Irish passport, as did my mother and grandmother before me.
How many others in the north of Ireland identify as Irish citizens? I’m sure they don’t all want to be British! Is there anything you can do to help with this?
The writer said that they were concerned about “the uncertainty of Brexit” and now the DeSouza ruling. “These problems are causing tensions in my community which has been relatively peaceful since the 1998 Good Friday Agreement.”
“I don’t know what to do to protect my sons. They have never seen The Troubles here… I don’t ever want them to go [through] anything like the suffering of The Troubles.”
So my question to you is do we need to move south so we can be proper citizens of our own land?
On 15 October, a person sent a query into the Irish embassy in Rome:
“I have just become aware of the British High Court ruling that all people born in Northern Ireland are British citizens by default. I have come here on my Irish passport. Do we need residency asap?”
When the reply said that all Irish citizens travelling or living in Italy have to register with the embassy on the DFA website, the person replied on 17 October:
I’m basically looking to clarify that this British High Court ruling hasn’t affected the requirements or rights for me as an Irish citizen.
“Does my Irish passport (and citizenship) still give me the same rights as Irish citizens born in the Republic of Ireland?”
DeSouza has accused the UK Government of failing to implement the provisions of Good Friday Agreement into UK domestic law. She said her case will have implications for EU citizens post-Brexit.
Response from the Irish Government
In response to a query from TheJournal.ie, the Department of Foreign Affairs and Trade, a spokesperson said that it had received a number of representations from members of the public.
“Irish citizenship is a matter of Irish law and applies regardless of residency. Irish citizenship is unaffected by the ongoing DeSouza case in the UK courts,” it said.
The Citizenship and Identity provisions of the Good Friday Agreement are central to the Good Friday Agreement and it is vital that they are upheld. The Government has consistently engaged with the British Government in support of this, and continues to do so.
“The Taoiseach has raised the De Souza case with the British Prime Minister and has confirmed that he will do so again following the UK general election. The Tánaiste has discussed the matter with the Secretary of State for Northern Ireland on a number of occasions, most recently on 14 November. The Tánaiste has written to the Secretary of State for Northern Ireland and the British Home Secretary to formally ask that the review that was mandated be urgently concluded to provide an outcome that is consistent with the letter and spirit of the Good Friday Agreement.
In February, then Prime Minister Theresa May acknowledged the serious concerns in this area and pledged to ‘review the issues around citizenship urgently to deliver a long term solution consistent with the letter and spirit’ of the Agreement.
In this context, the decision of the Tribunal in the De Souza case on 14 October does not define the extent of the British Government’s obligations under the Good Friday Agreement.
In the Good Friday Agreement, both the UK and Irish governments “recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both” and “confirm that their right to hold both British and Irish citizenship is accepted by both Governments”.
“The Good Friday Agreement therefore,” the Department statement continues, “includes an explicit right to both Irish and British citizenship, and an explicit right of people to identify and be accepted as Irish or British or both.
It is imperative that people in Northern Ireland have confidence in these provisions of the Agreement, in letter and in spirit. To provide for that, a positive outcome to the review mandated by the British Government is now urgently needed.
“A sensitive and generous approaches by the British Government are needed to ensure that the right of people in Northern Ireland to identify as Irish, or British, or both is meaningfully provided for in all relevant policy areas. The Government will continue to strongly pursue this with the British Government, as a co-guarantor of the Good Friday Agreement.”
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GFA states: (Article 1, section vi) [Both governments] recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland.
“Article 2
It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.”
@lambda sensor: for people born on the island, apparently the same does not now apply to their partners!!
@lambda sensor: A newborn cannot “identify themselves and be accepted as Irish or British, or both”
The UK courts decided that UK law means that someone born in Northern Ireland is a British citizen until they are legally able to decide not to be. It appears a perfectly logical judgement, completely compatible with the GFA, and prevents people born in Northern Ireland from being stateless.
DeSouza’s argument is basically: I desperately want my husband to live in the UK and I vehemently do not want to be a British citizen, but there is no way I am paying them £200 to make either thing happen. Her real motivations are political and at someone else’s behest.
@Feardorcha Ó Maolomhnaigh: at Someone else’s behest? Who? Name him/her. What’s your source?
@Patrick Agnew: This is the comments section of the Journal.ie, not an interrogation centre. There is no onus on me to name anyone. I like most people can draw an obvious conclusion from the facts at hand. If you are unable to, or if you draw a different one, then so be it.
@Feardorcha Ó Maolomhnaigh: it’s only obvious that you have a gripe against her with your illusory shadowy figures directing her
@Feardorcha Ó Maolomhnaigh: I’m with Patrick on this one. Name the person. Let’s say I’m unable to draw any conclusions and would like to be presented with the facts by one who seems way more in the know than I am. Why hold all that information in? Let it out.
@Niall Bourke: go Niall!
@Feardorcha Ó Maolomhnaigh: I dont know about this newborn argument. It’s obvious the complainant here is not a newborn. You are right though that a British court interpreted the British law thus. However there is a superceding international agreement that entitles the complainant to identify as British OR Irish OR both if she wishes. The irony here is the European court will likely be the one to decide in her favour.
@lambda sensor: An international agreement is not law, and doesn’t negate domestic laws. The expectation would be that a country would change its domestic laws to accommodate an agreement if that was required. I don’t see anything in the British interpretation that goes against the GFA.
“complainant here is not a newborn”: The law has to apply to everyone equally it cannot be applied specifically to DeSouza’s case, hence the complexity. The real irony is that by the time this case reaches the European court, it will no longer had jurisdiction as the UK will no longer be in the EU.
The British are not stopping her from identifying as Irish only. She just needs to fill out a form and pay the appropriate fee.
@Patrick Agnew: I don’t know the woman from Adam, I have no gripe against her at all. If you and @Niall Bourke are unable to draw conclusions from given facts, then tough. That’s not my problem
Born in Belfast and now living in Leitrim.. I have denounced, relinquished and disowned any connection, citizenship or birthright with the British daily..if not hourly for the past 54 years… I am a very proud citizen of our little Nation, being Irish is more than a birthright..it is an honor…. I deny any link to British citizenship…it simply disgusts me.
@CJ Stewart: steady on!
Pity that Hozier had to go through all this.
Have this addressed in the forthcoming Brexit negotiations – make the management of the GFA & nationality provisions directly applicable in Courts, not a tribunal!
@680199: which courts ?
@bmul: yip. That sums it up
This is an issue of residency & dual citizenship.
If one is a resident of the UK & a UK citizen by birth, then one is subject to UK laws.
The answer is to renounce the UK citizenship by being citizen and resident of the ROI.
These dual citizenship debacles were highlighted recently in Australia when about five
MP’s had to step down because they were dual citizens when the Austraian Constitution
implication is that one cant be exclusively loyal to Australia while one is a dual citizen.
I can appreciate the pucker that being a a dual UK/ROI citizen can be for a member of Sinn Fein living in NI.
Their UK citiznship requires them to be loyal to QE2 & her successors and heirs while
their Irish citizenship requires them to be loyal to the ROI. Given that Sinn Fein MPs
wont sit in Stormont because of the QE2 oath of allegience, then there is a fine line between that and their implied loyalty to QE2 by their UK citizenship. If they relinquish their UK citizenshiip in lieu of Irish Citizenship, then they cant run for the UK parliament!
PS: My Apology.
A citizen of the ROI can be a UK MP.
https://www.parliament.uk/about/mps-and-lords/members/electing-mps/candidates/
I am an Irish citizen but live in the UK. As far as I am aware ‘residency’ in Ireland is still a prerequisite for certain matters. For example the EHIC. I enquired if it was possible to get one via my Irish citizenship and was advised that residency was a requirement. The obvious question therefore would be if you were an Irish citizen living in the Island of Ireland but in the North would such residency count in relation to EHIC and similar. I would think it should.
have your say