asked the Minister for Justice, Equality and Law Reform if, in the interests of openness and transparency, he will publish the legal advice he has sought, as referred to in Parliamentary Question No. 128 of 12 December 2002, relating to the manner in which certain passport and naturalisation applications were effected in a way that bypassed usual formalities and which ignored failures by the applicants to comply with elementary documentary requirements; and if he will make a statement on the matter. [2892/03]
Written Answers. - Passports for Investment Scheme.
19.
Jim O'Keeffe
Question:29 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the way in which passports and naturalisations, referred to in reply to a parliamentary question (details supplied), were effected in a manner which bypassed usual formalities; the manner in which there was failure by the applicants to comply with elementary documentary requirements, as stated by the Minister; and if he will make a statement on the matter. [2313/03]
I propose to take Questions Nos. 19 and 29 together.
The report of the review group on investment-based naturalisation in Ireland was brought by me before Government in July 2002. In the interests of openness and transparency I arranged, with Government approval, for its publication on 4 August 2002. A number of copies were placed in the Oireachtas Library at that time. The report contained a comprehensive analysis of the manner in which the scheme had operated since 1989.
Furthermore, and in the context of the recent controversy concerning the appropriateness of the appointment of Ray Burke as a Minister in the last Government, the Taoiseach asked me to examine the file relating to one particular investment based case involving 11 persons and I agreed to do so. Again in the interests of openness and transparency, I took the unprecedented step of reporting to the Dáil on the outcome of my examination of that file in my response to Parliamentary Question No. 5 on 17 October 2002. My report elucidated the substance of my examination of that case and my conclusions thereon.
As the Deputy is aware, it has been the general policy of successive Ministers for Justice not to publish details of individual naturalisation cases, other than what is required by law – that is the publication inIris Oifigiúil of the name and address of the applicant, the date naturalised and whether he or she was an adult or minor. There is good reason for this policy. Applicants linked to investments – and, for that matter, all applicants – have an expectation that there will be no additional form of publicity about their applications other than that which is prescribed. In reporting to the Dáil I went as far as I considered possible in relation to the disclosure of information within that general policy context and I expressed my conclusions in a forthright manner. I am not prepared to go further than that. I can confirm that a complete copy of the file is currently with the Moriarty tribunal.
With regard to the issue of legal advice, the matter is still the subject of ongoing discussion between officials in my Department and the Office of the Attorney General. As a consequence the legal advice in question is not yet available to me. Even if it were available to me I would not publish confidential legal advice in relation to an individual case. The Deputy can be assured that I will give any advice I receive careful consideration.