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Dáil Éireann debate -
Tuesday, 9 Oct 2001

Vol. 541 No. 4

Adjournment Debate. - Revocation of Citizenship.

I am glad to have been given the opportunity of raising the need to revoke the citizenship granted to Sheikh Khalid bin Mahfooz, an associate and supporter of Osama bin Laden. If Ireland is to have any credibility in the fight against international terrorism, the Minister for Justice, Equality and Law Reform must immediately revoke the Irish citizenship granted in dubious circumstances by his Fianna Fáil predecessor in 1990 to Sheikh Khalid bin Mahfooz and his family.

It now transpires that Sheikh Mahfooz is a brother-in-law of Osama bin Laden. Shortly after citizenship was granted and passports given to him by the then Fianna Fáil Taoiseach at a special luncheon in the Shelbourne Hotel, it became clear that Sheikh Mahfooz was wanted in America and elsewhere as a major international crook and swindler. The chickens have really come home to roost in that evidence has been produced that Sheikh Mahfooz has been a major financial backer of the international terrorist network headed by his brother-in-law, Osama bin Laden. The evidence is that Mahfooz and the financial institutions which he either owned or with which he was associated channelled millions of dollars by way of payments directly to Osama bin Laden or to bin Laden's front organisations Islamic Relief and Blessed Relief. One of his family served on the board of one of these front organisations.

Citizenship was granted and passports issued to Mahfooz and his family in the most dubious circumstances. We do not yet have the report of the Moriarty tribunal which fortunately is inquiring into what may have been outrageously corrupt practices in the issue of some of these and other passports for sale between 1989 and 1994. What is clear at this stage is that, in about three days between 6 and 9 December 1990, the applications were completed, naturalisation finalised and passports issued, despite the fact the applicants did not comply with the requirements regarding residency or production of evidence of good character which were the basis on which the scheme was supposed to be run at the time.

I demand on behalf of Fine Gael that citizenship in these cases be revoked immediately. The Minister has power under section 21 of the Irish Naturalisation and Citizenship Act to revoke the certificates of naturalisation. It is bad enough that the name of Ireland should have been besmirched by granting citizenship to international crooks. It is totally unacceptable that we should issue passports and give citizenship to those who are associated with and financially support Osama bin Laden.

Members of the Government, some of whom were also involved in Government when these applications for citizenship were granted, must be aware that the circumstances surrounding the applications were fraudulent. That in itself is a ground for revocation. The Minister is also entitled to revoke when the person to whom citizenship has been granted has by any overt act failed in his duty of fidelity to the nation and loyalty to the State. Surely the support given to international terrorism by Sheikh Mahfooz provides grounds for revocation under this heading. In any event, the fact that the applicants never resided in Ireland is in itself a ground for revocation.

There is a political imperative to take action now in this matter. How citizenship was granted and passports issued by the Fianna Fáil Government at the time has yet to be fully explained. Whatever the circumstances, this country cannot be associated with those who have supported international terrorism, especially those supporting Osama bin Laden. The citizenship in these cases should be revoked now.

On behalf of the Minister for Justice, Equality and Law Reform who cannot be here tonight and for the benefit of the House in general, I am pleased to respond to the matters raised by the Deputy.

The shock of the horrendous attacks on the United States on 11 September 2001 reverberated throughout the world. It created a firm determination on the part of governments to redouble their efforts to co-operate in combating terrorism. Ireland will not be found wanting in this regard. On behalf of the Minister, I assure Deputies that the Garda Síochána is co-operating fully with current worldwide investigations into these atrocities, but I am sure they will appreciate that it would not be prudent to comment on specific aspects of them at this time.

While the Deputy's concern about these matters is understandable, the basis of his support for the revocation of the citizenship of Sheikh Khalid bin Mahfooz and his family would appear to be based on speculative reports in the media which are based simply on a family connection. While it would not be appropriate for the Minister to comment on these reports about named individuals, he has asked me to give some background information.

Sheikh Khalid bin Mahfooz and a number of family members were approved for naturalisation by a previous Minister for Justice, Equality and Law Reform under the Irish Nationality and Citizenship Act, 1956, as amended in 1986. Given the ministerial discretion embodied in that Act regarding the granting of certificates of naturalisation, it is not for the Minister to determine the basis on which that discretion was exercised. The names and addresses of the individuals concerned appeared in Iris Oifigiúil on 1 and 8 September 1992. It has been long standing practice in the Department of Justice, Equality and Law Reform that details of individual applications for naturalisation, apart from those which are published in Iris Oifigiúil, are treated as confidential and it is not intended to depart from that practice on this occasion.

I will now turn to the issue of revocation. Section 19 of the Irish Nationality and Citizenship Act, 1956 empowers the Minister for Justice, Equality and Law Reform to revoke a certificate of naturalisation in a number of specified circumstances some of which were referred to by Deputy O'Keeffe. There are four different situations: the issue of the certificate was procured by fraud, misrepresentation, whether innocent or fraudulent, or concealment of material facts or circumstances; the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State; the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country; the person to whom it is granted has by any voluntary act other than marriage acquired another citizenship.

Before revoking a certificate of naturalisation the Minister must give notice of his intention to the person to whom the certificate was granted, stating the grounds therefor and the right of that person to apply to the Minister for an inquiry as to the reasons for the revocation. If the person in question so requests the Minister is obliged to refer the case to a committee of inquiry appointed by him consisting of a chairman having judicial experience and such other person the Minister may think fit. Thereafter the committee must report its findings to the Minister with a view to informing his decision.

I hope it is clear therefore that the revocation of a certificate of naturalisation is a serious matter and one in which the Minister must be in a position to show that the legal requirements have been fulfilled. However, the Minister has asked me to assure Deputy O'Keeffe that if the circumstances of any particular case warrant revocation under these provisions, he will have no hesitation in doing so. I thank Deputy O'Keeffe for raising this matter.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 10 October 2001.

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