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By Ann O’Loughlin
The Supreme Court has ruled that the law governing the procedure under which Irish citizenship can be revoked is unconstitutional.
The five judge court ruled the procedure to revoke citizenship set out under the Irish Nationality and Citizenship Act 1956, specifically Section 19 of the Act, is unconstitutional on natural justice grounds.
Under section 19, the Minister for Justice initiates the revocation procedure, ultimately makes the decision whether to revoke or not and is not bound by findings of a three person committee of inquiry appointed by the Minister, the court noted.
This process did not meet the high standards of natural justice applicable to a person facing such severe consequences as loss of citizenship and is therefore constitutionally invalid, it ruled.
The decision is of wide-ranging significance and affects some 40 other cases.
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