Minister for Justice Jim O’Callaghan reinstates revocation of naturalised Irish citizenship
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From: Department of Justice
- Published on: 10 April 2025
- Last updated on: 12 April 2025
The Minister for Justice Jim O’Callaghan this week signed an order to recommence legislation allowing for naturalised Irish citizenship to be revoked in serious cases.
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. Changes made by the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 made the necessary amendments and addressed the issues raised in the Supreme Court judgement.
The signing this week of the commencement order by Minister Jim O’Callaghan reestablishes the revocation process effective from 7 April 2025.
Minister Jim O’Callaghan said:
“The signing 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.”
Notes
Section 19 of the Irish Nationality and Citizenship Act 1956 empowers the Minister to revoke naturalised Irish citizenship and sets out the procedure to do so.
This function could not be operated for some time as the Supreme Court ruled in Damache v Minister for Justice that the revocation procedure under section 19 was unconstitutional.
Changes made by the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 addressed the issues on foot of this judgement.
Under the new procedure, where the Minister for Justice decides to revoke citizenship, an individual will be able to access a Committee of Inquiry and the decision-making process of this committee will operate independently of the Minister. The Committee can affirm or reject the decision of the Minister.
The Minister signed two statutory instruments to allow for the revocation process:
- Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (Part 3) (Commencement) Order 2025
- Irish Nationality and Citizenship Act 1956 (Revocation of Certificate of Naturalisation) (Prescribed Forms) Regulations 2025
The ability for citizenship to be revoked by the Minister has existed since 1956 and has only been undertaken in the most serious of circumstances.