Single Person Committee of Inquiry set up to review refusals of Irish Citizenship where National Security concerns arise

A Single Person Committee of Inquiry has been established where people, whose application for a naturalisation certificate (also known as Citizenship) was refused, in whole or in part, on National Security Concerns, can apply for a decision on the disclosure of the information relied on in refusing their application.

Retired Judge John Hedigan will serve as the Member of the new Single Person Committee.

Reviews of the material upon which the decision to refuse to grant a certificate of naturalisation was made will only be carried out for decisions that took place after 30 September 2020.

Applicants must make their request to the Member within three months of the decision to refuse the naturalisation certificate.

A request for a review should be made in writing to:

The Member
Single Person Committee
[email protected]

The Member will advise the Minister of Justice as to whether, and to what extent, it may be possible to make disclosure of the security information to the applicant. The Member may advise the following:

• Not to disclose
• Partial disclosure
• Full disclosure

Important note: The establishment of the Single Person Committee is not an appeal process for Citizenship decisions.

Mandate

• Upon written request by an applicant, the Member will review the material upon which the decision to refuse to grant a naturalisation certificate (aka Citizenship) was made in circumstances where the basis of refusal is in whole or in part predicated on National Security concerns.
• The Member will advise the Minister on disclosure of material having regard to natural justice considerations and National Security interests including maintaining intelligence capabilities.
• Any such request must be communicated to the Member in writing, within three months of the decision to refuse the naturalisation certificate, when such a decision is dated subsequent to the 30th Sept 2020
• The Minister of Justice (the Minister) will consider the recommendations of the Member, but the final decision will rest with the Minister.

Responsibilities

• The Member will review the National Security material as set out in the submission to the Minister and undertake any necessary inquiries with regard to the material provided and the concerns set out therein.
• The Member will undertake all such inquiries in a timely manner, and provide the applicant and the Minister with a status update where requested.
• Within three months of the conclusion of the Member’s work, advise the Minister as to whether, and to what extent, it may be possible to make disclosure to the applicant. The Member may advise in the following terms –
  • Not to disclose
  • Partial disclosure
  • Full disclosure
• In the case of partial disclosure only, to provide an indicative wording as to the “gist” of the information that might be shared – for the Minster’s consideration.

Reporting relationship

• The Member reports to the Minister. The Member must submit a report of its activities to the Minister annually, or as required by the Minister.

Term of appointment

• Appointments are determined by the Minister and will not exceed three years.
• Appointees are eligible for reappointment by the Minister but may not serve more than six consecutive years.
• The member may resign upon written notification to the Minister.

Conflict of interest disclosure

• The Member must declare conflicts of interest prior to the discussion of individual files or at any time a conflict of interest or potential conflict of interest arises.
• A conflict of interest refers to situations in which personal, occupational or financial considerations may affect or appear to affect the objectivity or fairness of decisions related to the Members activities.
• A conflict of interest may be real, potential or perceived in nature. The member must declare potential conflicts to the Minister and must absent themselves, or put the decision to the Minister on whether they should absent themselves.

Official Secrets Act

• The provisions of the Official Secrets Act covers all the activities undertaken by the single person committee member in the performance of the role.

Confidentiality

• The member must sign a confidentiality agreement at the time of each appointment indicating his/her agreement to maintain the confidentiality, security and integrity of all materials during and after their term on the Committee.

Indemnification

• The Member upon signing a letter of Indemnification will be bound and covered by the said terms.

Remuneration

• The member may claim expenses reimbursement in accordance with the rates set.

Amendment to terms of reference

• The Minister may amend committee terms of reference from time to time.

Administrative Support / Points of contact

• Secretariat support to be provided by the Department of Justice.
• A request for a review should be made in writing to:
  The Member
  Single Person Committee
  [email protected]