Section 33 of the Civil Law (Miscellaneous Provisions) Act 2011 amends the Irish Nationality and Citizenship Act 1956 to provide for citizenship ceremonies, to take account of recognition in Irish law of civil partnerships in Irish law by the Civil Partnership Act 2010 and to allow fees to be charged for naturalisation applications. In summary, the principal amendments are as follows:
- S.15 of the Principal Act is amended to provide expressly for formal citizenship ceremonies;
- S.15A is amended to allow the Minister for Justice to waive the conditions for naturalisation in s. 15 for non-national civil partners as well as non-national spouses;
- S.16 is similarly amended to include civil partners of Irish citizens within those deemed to be ‘of Irish associations’;
- S.17 is amended to include express permission to charge fees for applications for naturalisation;
- S.19 is amended to exclude those who obtain another citizenship by way of civil partnership from the category of persons from whom Irish citizenship may be revoked;
- S.20 is amended to provide that civil partnership, like marriage, does not bring with in an entitlement to citizenship;
- S.22 is amended to provide that the death of an Irish citizen or revocation of citizenship does not affect the subjects spouse, civil partner or children; and
- S.23 is amended to provide that the marriage or civil partnership of an Irish citizen will not affect their entitlement to citizenship.
Section 34 of the Act of 2011 amends the Immigration Act 2004 to take account of the decision of the High Court in E.D. v. D.P.P., [2011] IEHC 110.
S.11 of the Act of 2004 is amended to require that non-nationals presenting at the border be in possession of a valid passport or other equivalent document. When requested to do so by an immigration officer, non-nationals are required to furnish their passport or identity document and such further information as the officer may require. Failure to comply with these obligations is an offence. The new section also creates a defence of reasonable cause for non-compliance.
S.12 is amended to require that every non-national in the State shall produce on demand by a Garda Siochana a valid passport or identity document. Again, failure to comply with this obligations is an offence, and a defence of reasonable cause for non-compliance is provided for.
S.19 is amended to allow for the charging of fees in respect of applications under the Immigration Acts.
