18/07/2019
Urgent Clarification Needed On High Court Ruling On Citizenship
The Minister for Justice and Equality, Charlie Flanagan, has been called to swiftly address the impact of a High Court ruling on citizenship.
Labour Justice spokesperson Seán Sherlock has urged Minister Flanagan to appeal the ruling and provide clarification on the impact on future applications, and certainty for the thousands of people who have been naturalised under the law in recent years.
Highlight a phrase in the ruling Deputy Sherlock said that 'continuous residence' is not used in any other Irish Act nor is it defined in law.
He continued: "The shock ruling in the High Court that someone applying for citizenship must not leave the country at all in the 12 months before their application will cause major difficulties for those seeking Irish citizenship. This arises from an interpretation of the phrase 'continuous residence' in the Irish Nationality and Citizenship Act 1956.
"I would call on the Minister to ensure an appeal to the judgement is immediately fast tracked. The phrase 'continuous residence' is not used in any other Irish Act nor is it defined in law. The swiftest way now to resolve this in the short term is to appeal it to a higher court.
"The strict literal interpretation of the 1956 Citizenship Act arising from today's judgement will create enormous practical difficulties for anyone seeking to naturalise.
"The quickest way to address the implications of the judgement is a fast track appeal, but I would also ask the Minister to in parallel, prepare legislation to address the lack of definition in the law as soon as possible.
"The ruling creates a huge amount of uncertainty for those who may be considering applying for citizenship, and even for those who have been naturalised in recent years.
"The Labour Party also wants to see a broader overhaul of our citizenship laws to address recent cases of children born here, or who have resided here most of their lives, who have been threatened with deportation."
Speaking from Helsinki, where he is attending a meeting of EU Home Affairs Ministers, the Minister for Justice and Equality, Charlie Flanagan, said: "I know that the ruling from the High Court has caused concern and may have been unsettling for people in the Citizenship process.
"I want to reassure people that my officials are carefully studying the ruling in consultation with the Attorney General’s Office. This issue is being dealt with as an urgent priority and I will take any necessary action to resolve it."
Labour Justice spokesperson Seán Sherlock has urged Minister Flanagan to appeal the ruling and provide clarification on the impact on future applications, and certainty for the thousands of people who have been naturalised under the law in recent years.
Highlight a phrase in the ruling Deputy Sherlock said that 'continuous residence' is not used in any other Irish Act nor is it defined in law.
He continued: "The shock ruling in the High Court that someone applying for citizenship must not leave the country at all in the 12 months before their application will cause major difficulties for those seeking Irish citizenship. This arises from an interpretation of the phrase 'continuous residence' in the Irish Nationality and Citizenship Act 1956.
"I would call on the Minister to ensure an appeal to the judgement is immediately fast tracked. The phrase 'continuous residence' is not used in any other Irish Act nor is it defined in law. The swiftest way now to resolve this in the short term is to appeal it to a higher court.
"The strict literal interpretation of the 1956 Citizenship Act arising from today's judgement will create enormous practical difficulties for anyone seeking to naturalise.
"The quickest way to address the implications of the judgement is a fast track appeal, but I would also ask the Minister to in parallel, prepare legislation to address the lack of definition in the law as soon as possible.
"The ruling creates a huge amount of uncertainty for those who may be considering applying for citizenship, and even for those who have been naturalised in recent years.
"The Labour Party also wants to see a broader overhaul of our citizenship laws to address recent cases of children born here, or who have resided here most of their lives, who have been threatened with deportation."
Speaking from Helsinki, where he is attending a meeting of EU Home Affairs Ministers, the Minister for Justice and Equality, Charlie Flanagan, said: "I know that the ruling from the High Court has caused concern and may have been unsettling for people in the Citizenship process.
"I want to reassure people that my officials are carefully studying the ruling in consultation with the Attorney General’s Office. This issue is being dealt with as an urgent priority and I will take any necessary action to resolve it."
Related Irish News Stories
Click here for the latest headlines.
29 November 2019
New National LGBTQ+ Inclusion Strategy Launched
A new National Inclusion Strategy for Ireland's LGBTQ+ communities has been launched by the Minister for Justice and Equality, Charlie Flanagan, and the Minister of State with special responsibility for Equality, Immigration and Integration, David Stanton.
New National LGBTQ+ Inclusion Strategy Launched
A new National Inclusion Strategy for Ireland's LGBTQ+ communities has been launched by the Minister for Justice and Equality, Charlie Flanagan, and the Minister of State with special responsibility for Equality, Immigration and Integration, David Stanton.
06 June 2012
Go-Ahead For New Law To Resolve Garda Warrant Issues
New legislation to sort out the problems that arose as a result of a Supreme Court ruling on search warrants issued by gardai has been given the go-ahead by the government. The Supreme Court ruling led to several criminal convictions being quashed on appeal.
Go-Ahead For New Law To Resolve Garda Warrant Issues
New legislation to sort out the problems that arose as a result of a Supreme Court ruling on search warrants issued by gardai has been given the go-ahead by the government. The Supreme Court ruling led to several criminal convictions being quashed on appeal.
20 January 2020
Offence Of Blasphemy Abolished In Ireland
The Minister for Justice and Equality, Charlie Flanagan, has announced the commencement of the Blasphemy (Abolition of Offences and Related Matters) Act 2019 which abolishes the offence of blasphemy.
Offence Of Blasphemy Abolished In Ireland
The Minister for Justice and Equality, Charlie Flanagan, has announced the commencement of the Blasphemy (Abolition of Offences and Related Matters) Act 2019 which abolishes the offence of blasphemy.
12 December 2013
Concerns Raised Over Crane Manufacturer Review
Crane manufacturer Liebherr has announced its intention to review its operations in Killarney, Co Kerry, raising concerns for the 670 people employed at the site. It is understood that the decision follows a Labour Court ruling that Liebherr should give its staff a disputed pay increase.
Concerns Raised Over Crane Manufacturer Review
Crane manufacturer Liebherr has announced its intention to review its operations in Killarney, Co Kerry, raising concerns for the 670 people employed at the site. It is understood that the decision follows a Labour Court ruling that Liebherr should give its staff a disputed pay increase.
17 January 2012
Expert Abortion Group Established
A Fine Gael TD has welcomed the establishment of an expert group to look at the issues raised by a European Court ruling on abortion. The group has been set up by the Government, and is due to report back within six months on the issue.
Expert Abortion Group Established
A Fine Gael TD has welcomed the establishment of an expert group to look at the issues raised by a European Court ruling on abortion. The group has been set up by the Government, and is due to report back within six months on the issue.
-
Ireland WeatherToday:Some sunny spells in the southeast at first, but generally rather cloudy with showers, most frequent across northern and western counties. The showers die out from the west this afternoon with sunny spells developing. Occasionally strong northwesterly winds slowly easing. Maximum temperature 14 °C.Tonight:Any showers towards the east coast soon clearing to leave a dry night with long clear spells and, with light winds, a touch of frost is possible in the south. Minimum temperature 2 °C.