Dáil Éireann Debate, Thursday - 22 June 2023
278. Deputy Jim O'Callaghan asked the Minister for Justice if it is intended for the new section 16 Irish associations comprehensive guidelines to retrospectively apply to applications that predate them; if decisions on such applications are currently on hold until the development and publication process has been concluded; and if she will make a statement on the matter. [30301/23]
View answerThe issue as to whether the new guidelines will apply retrospectively to Section 16 applications on hand is under active consideration.
Given the complexities of the issues involved and the absolute discretion afforded to the Minister in the Citizenship Act, it is imperative that the necessary time is spent to ensure the guidelines are both clear and comprehensive. Work is ongoing between my Department and the Office of the Attorney General to ensure the guidelines will be finalised and published without undue delay.
I have instructed that these guidelines be drawn up in the interests of fair and transparent procedures and attendant decision making. The guidelines will not represent a change in Ministerial policy in this area.
It is to the advantage of every applicant under S16 that clear guidelines are put in place and the rationale behind decisions to either approve or refuse is easily discernible. Applicants have the right to know the criteria applied in any decision and my officials will ensure the guidelines will be published on the Departmental website in due course.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The Deputy should be aware that there is no automatic right or entitlement to have any of the statutory conditions waived, even where the applicant comes within the certain circumstances defined.
