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Explanatory Memorandum
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BILLE NÁISIÚNTACHTA AGUS SAORÁNACHTA
ÉIREANN AGUS AIRÍ AGUS RÚNAITHE (LEASÚ) 2003
IRISH NATIONALITY AND CITIZENSHIP AND MINISTERS
AND SECRETARIES (AMENDMENT) BILL 2003
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Mar a tionscnaı́odh
As initiated
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ARRANGEMENT OF SECTIONS
Section
1. Short title, collective citation and construction.
2. Intrepretation.
3. Amendment of Act of 1956.
4. Amendment of Act of 1924.
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[No. 42 of 2003]
Acts Referred to
Ministers and Secretaries Act 1924
1924, No. 16
Irish Nationality and Citizenship Act 1956
1956, No. 26
Irish Nationality and Citizenship Act 1986
1986, No. 23
Irish Nationality and Citizenship Act 2001
2001, No. 15
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BILLE NÁISIÚNTACHTA AGUS SAORÁNACHTA
ÉIREANN AGUS AIRÍ AGUS RÚNAITHE (LEASÚ) 2003
IRISH NATIONALITY AND CITIZENSHIP AND MINISTERS
AND SECRETARIES (AMENDMENT) BILL 2003
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BILL
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entitled
AN ACT TO REGULATE THE POWER OF THE MINISTER
FOR JUSTICE, EQUALITY AND LAW REFORM TO
GRANT CITIZENSHIP AND TO ISSUE CERTIFICATES
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OF NATURALISATION AND THE POWER OF THE SAID
MINISTER AND CERTAIN OTHER PERSONS TO ISSUE
CERTIFICATES OF NATIONALITY IN CERTAIN CIRCUMSTANCES AND THE POWER OF THE MINISTER
FOR FOREIGN AFFAIRS TO GRANT PASSPORTS, AND
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TO PROVIDE FOR RELATED MATTERS.
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
1.—(1) This Act may be cited as the Irish Nationality and Citizenship and Ministers and Secretaries (Amendment) Act 2003.
Short title,
collective citation
and construction.
(2) The Irish Nationality and Citizenship Acts 1956 to 2001 and
20 this Act may be cited together as the Irish Nationality and Citzenship
Acts 1956 to 2003 and shall be construed together as one.
(3) The Ministers and Secretaries Acts 1924 to 1995 and this Act
may be cited together as the Ministers and Secretaries Acts 1924 to
2003 and shall be construed together as one.
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2.—(1) In this Act—
Interpretation.
‘‘Act of 1924’’ means the Ministers and Secretaries Act 1924;
‘‘Act of 1956’’ means the Irish Nationality and Citizenship Act 1956;
‘‘Act of 1986’’ means the Irish Nationality and Citizenship Act 1986;
‘‘Act of 2001’’ means the Irish Nationality and Citizenship Act 2001.
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(2) In this Act—
(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act when enacted,
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(b) a reference to a section or Schedule is a reference to a
section of, or Schedule to, this Act unless it is indicated
that reference to some other enactment is intended,
(c) a reference to a subsection, paragraph or subparagraph is a
reference to the subsection, paragraph or subparagraph
of the provision in which the reference occurs, unless it
is indicated that reference to some other provision is
intended.
Amendment of Act
of 1956.
3.—The following section is hereby inserted after section 16A of
the Act of 1956, as inserted by section 6 of the Act of 2001:
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‘‘Restriction as to
citizenship in
certain
circumstances.
Amendment of Act
of 1924.
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16B—Notwithstanding the provisions of
sections 15, 15A, 16 and 16A, 28 or any other
provision of this Act, the Minister shall not have
power to grant citizenship by a certificate of
nationality or otherwise or issue a certificate of
naturalisation to any person who would not
otherwise be so entitled either on an individual
basis or pursuant to the provisions of any scheme
which would offer an entitlement to such citizenship or certificate of naturalisation, and neither
the Minister nor any Irish diplomatic officer or
consular officer shall have power to issue a certificate of nationality, in consideration of the making
of a financial or business investment in the State
or in an enterprise or to or with individuals established, or to be established, or of the offer or
promise of any such investment or of the provision of any services or the offer or promise of
such provision to such persons and, without
prejudice to the generality of the foregoing, any
such investment, offer or promise of investment,
provision of services or offer or promise of such
provision to such persons shall not, in their own
right, be deemed to constitute ‘Irish associations’
for purposes of section 16(a) or (b) or otherwise
confer on the Minister the right to grant to any
person citizenship or issue a certificate of naturalisation or confer on the Minister or any Irish
diplomatic officer or consular officer the right to
issue a certificate of nationality.’’.
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35
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4.—The following paragraph is hereby substituted for paragraph
(xi) of section 1 of the Act of 1924:
‘‘(xi) the Department of Foreign Affairs which shall comprise the administration and business generally of
public services in connection with communications 45
and transactions between the Government of the
State and the Government of any other state or
nation, diplomatic and consular representation of the
State in any country or place, international amenities, the granting of passports and of visés to pass- 50
ports and all powers, duties and functions connected
with the same, and of which Department the head
shall be, and shall be styled, an tAire Gnóthaı́ Eachtrachta or (in English) the Minister for Foreign
Affairs provided however that the Minister for For- 55
eign Affairs shall not have power to grant a passport
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to any person who would not otherwise be so
entitled either on an individual basis or pursuant to
the provisions of any scheme which would offer an
entitlement to such grant of a passport in consideration of the making of a financial or business investment in the State or in an enterprise or to or with
individuals established, or to be established, in the
State or of the offer or promise of any such investment or of the provision of any services or the offer
or promise of such provision to such persons and,
without prejudice to the generality of the foregoing,
any such investment, promise of such investment,
provision of services or offer or promise of such provision to such persons shall not, in their own right,
confer on the Minister a right to grant to any person
a passport.’’.
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Click here for Bill
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BILLE NÁISIÚNTACHTA AGUS SAORÁNACHTA ÉIREANN
AGUS AIRÍ AGUS RÚNAITHE (LEASÚ) 2003
IRISH NATIONALITY AND CITIZENSHIP AND MINISTERS
AND SECRETARIES (AMENDMENT) BILL 2003
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EXPLANATORY AND FINANCIAL MEMORANDUM
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Background
Under existing nationality and citizenship legislation, the Minister
for Justice, Equality and Law Reform is empowered to issue certificates of naturalisation to non-Irish citizens, subject to a number of
qualifying criteria. In addition, a widely-drawn and vaguely worded
escape clause gives the Minister power to issue certificates of naturalisation in cases where the qualifying criteria have not been satisfied;
this clause in effect makes possible the issue of naturalisation certificates at the Minister’s whim. It was by relying on this escape clause
that during the 1990s Ministers issued certificates of naturalisation to
certain individuals, including (though not limited to) persons under
the informal ‘‘Passports for Sale’’ scheme, which had no other legislative or regulatory basis.
Despite the ending of that scheme, and Government assurances
that it will not be re-introduced, the loophole still remains in legislation. A future Minister, by drawing solely on existing powers, could
issue certificates of naturalisation without the qualifying criteria
being satisfied. A future ‘‘Passports for Sale’’ scheme could be reintroduced without the need for legislation or even for Ministerial
regulations.
The purpose of this Bill is to close this loophole. On enactment, it
would effectively become illegal for the Minister for Justice, Equality
and Law Reform to issue certificates of naturalisation except on the
basis of the qualifying criteria set out in the existing legislation. For
added safety, the Bill also constrains the power of the Minister for
Foreign Affairs to issue passports.
Provisions
Sections 1 (short title, collective citation and construction) and 2
(interpretation) are standard features of Bills.
Section 3 provides that the Minister for Justice, Equality and Law
Reform is constrained in his or her capacity to grant citizenship by
certificates of naturalisation, either individually (that is, other than
pursuant to a scheme of more general application) or pursuant to a
scheme in which applicants seek naturalisation on the basis of an
investment, or the offer or promise of an investment, to an
enterprise, established or to be established, or to or with individuals,
in the State or the provision of services or the offer or promise of
such provision to such persons on the analogy of a ‘‘Passport for
Sale’’ scheme. For the avoidance of doubt, there is imposed a similar
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restriction on the same Minister and on Irish diplomatic and consular
officers from issuing certificates of nationality in similar
circumstances.
Section 4 provides for similar restrictions on the exercise of the
powers of the Minister for Foreign Affairs in issuing passports.
Financial implications
The Bill will not give rise to additional Exchequer expenditure.
An Seanadóir Feargal Ó Cuinn a thı́olaic,
Deireadh Fómhair, 2003.
Wt. 511. 750. 10/03. Cahill. (X45063). Gr. 30-15.
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