Bheith Éireannach (Becoming Irish) : a comparative analysis of the Irish naturalisation system

Bheith Eireannach – becoming Irish – is a constitutional entitlement. Being born in the island of Ireland, entitles one to be a national of Ireland, and by definition, part of the Irish Nation. Others too are entitled to become part of the Irish Nation if they are qualified by law to be citizens of Ireland. In other words, to become an Irish national, one must first become a citizen of Ireland, and to become a citizen of Ireland, one must first be qualified in accordance with what is set down in law. Citizenship, in its legal context, is an institutional status from within which a person can address governments and other citizens and make claims about human rights. The acquisition of citizenship in Ireland is accordingly a significant process, and the first step, in the lives of foreign nationals residing in Ireland seeking to become Irish nationals. Naturalisation is the process most used by foreign nationals residing in Ireland to acquire Irish citizenship. In Ireland, the process of naturalisation is operated at the ‘absolute discretion’ of the Minister for Justice, Equality, and Law Reform who determines which applicants can obtain a certificate of naturalisation. Provided that the applicant fulfils a set of prerequisite conditions, s/he can apply to obtain a certificate of naturalisation without the requirement of passing a citizenship test for example. Still, the decision to “award” citizenship by naturalisation at the ‘absolute discretion’ of the executive makes it restrictive to that extent, full of impediments and uncertainty that may not lead to citizenship at all. It is these juxtaposing facts that justifies the research question this thesis aims to explore: what is the theoretical purpose of naturalisation in Ireland? In exploring this question, this thesis critiques and compares the Irish conditions for naturalisation with that of the French and the Netherlands in aim of understanding the empirical, theoretical, legal, and normative rationale behind them. It does this by exploring several judicial review cases which have shaped and defined the Irish naturalisation process, principles of immigration and constitutional law, citizenship of the European Union, as well as exploring and redefining traditional notions of citizenship. By analysing and comparing the Irish conditions for naturalisation, the thesis sets out several complications with understanding the interpretation and legitimacy of each of the conditions. Furthermore, the thesis highlights that these complications arise out of a lack of a clear purpose for the operation of the Irish naturalisation process. This thesis finds that the lack of a clear purpose for the operation of the Irish naturalisation system is the central issue pervading the Irish naturalisation system. What is the reasoning for the demand for the satisfaction of the conditions for naturalisation, if such satisfaction is irrelevant for the exercise of the discretion afforded to the Minister in naturalisation applications and, what purpose does the Irish naturalisation system serve, are two interlinked research questions this thesis addresses.