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McEntee defends citizenship-revocation powers

A wide-ranging bill that includes measures aimed at tackling knife crime has passed all stages in the Oireachtas.

The Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 also restores the Minister for Justice’s power to revoke certificates of naturalisation.

A Supreme Court judgment in 2021 had found that the process lacked the necessary safeguards.

Power used ‘sparingly’

Minister Helen McEntee said that this power was used “sparingly” – fewer than ten times since 1956.

“The revocation of Irish citizenship is only undertaken in the most serious of circumstances – including on grounds of fraud, deception and national security,” she stated

The Irish Human Rights and Equality Commission (IHREC), which had previously written to the minister expressing concerns about the measure, has written a second letter warning that the bill, in its current form, “will lead to further litigation”.

IHREC said that the relevant proposed amendments were published only last week for insertion at committee stage.

“Notwithstanding this, the legislation passed through both houses of the Oireachtas in just eight days, seriously limiting the time available for appropriate pre-legislative scrutiny of the proposed amending legislation to ensure that constitutionally compliant safeguards are built into it,” the commission stated.

Retirement age goes up

Other measures in the bill allow for an increase in the mandatory retirement for uniformed public servants – including members of An Garda Síochána, prison officers, and members of the Defence Forces – from 60 to 62 years of age, for those who wish to avail of it.

The bill also increases the maximum fines payable by airline and ferry companies where they allow someone to travel into the State without proper documentation.

It also increases the maximum penalties upon conviction on indictment for four knife-related offences:

• Possession in a public place of an article intended to cause injury to, incapacitate or intimidate a person,
• Trespass with a knife, weapon of offence or other article that has a blade or sharp point,
• Production of an article capable of inflicting serious injury, and
• Manufacture, sale, of hire of offensive weapons.

Personal-injuries guidelines

The bill also includes amendments to the Judicial Council Act 2019 to provide for changes to the Personal Injuries Guidelines to address issues identified by the Supreme Court in the recent Delaney case.

This part of the bill provides that the guidelines in force immediately before the coming into operation of this bill shall, notwithstanding the provisions of the act, continue in force without amendment until amendments to the guidelines are adopted under the revised procedures specified in the bill.

Any new version of the guidelines adopted by the Judicial Council will also be approved by resolution by each House of the Oireachtas.