Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024

2024 30

An Act to provide for an increase in the number of ordinary judges of the Court of Appeal and, for that purpose, to amend the Courts (Establishment and Constitution) Act 1961; to amend the Irish Nationality and Citizenship Act 1956, the Immigration Act 2003, the International Protection Act 2015, the Judicial Council Act 2019, the Judicial Appointments Commission Act 2023, the Firearms and Offensive Weapons Act 1990, the European Arrest Warrant Act 2003 and the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023; to give further effect to Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 20211 on addressing the dissemination of terrorist content online and for that and other purposes to amend the Broadcasting Act 2009; to amend the law in relation to the age at which certain public servants are required to retire; to confer a power on the Minister for Justice to make regulations relating to the retirement, including varying the retirement age, of certain public servants; to confer a power on the Minister for Housing, Local Government and Heritage to make regulations relating to the retirement of certain public servants, including varying the age at which such public servants shall retire; for those and other purposes, to amend the Superannuation (Prison Officers) Act 1919, the Civil Service Regulation Act 1956, the Local Government Act 2001, the Public Service Superannuation (Miscellaneous Provisions) Act 2004 and the Public Service Pensions (Single Scheme and Other Provisions) Act 2012; and to provide for related matters.

[23 July 2024]

Be it enacted by the Oireachtas as follows: 1 OJ No. L 172, 17.5.2021, p.79

1 Short title and commencement

(1) This Act may be cited as the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024.

(2) Parts 3, 4, 7 and 9 and section 14(d) shall come into operation on such day or days as the Minister for Justice may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Part 11 shall come into operation on such day or days as the Minister for Public Expenditure, National Development Plan Delivery and Reform may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2 Amendment of section 1A of Courts (Establishment and Constitution) Act 1961

2. Section 1A(2) of the Courts (Establishment and Constitution) Act 1961 is amended by the substitution of the following paragraph for paragraph (b) (amended by section 2 of the Courts Act 2023):

“(b) not more than 18 ordinary judges, each of whom shall be styled ‘Breitheamh den Chúirt Achomhairc’ (‘Judge of the Court of Appeal’).”.

3 Amendment of Irish Nationality and Citizenship Act 1956

3. The Irish Nationality and Citizenship Act 1956 is amended—

(a) by the insertion of the following section after section 4:

“Service of notices or documents

4A. (1) A notice or other document that is required or authorised by or under this Act (other than section 27) to be served on or given to a person shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to the person at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) by sending it to the person by electronic means in accordance with subsection (2), in a case in which the person has given notice in writing to the Minister of his or her consent to it (or notices or other documents of a class to which it belongs) being served on or given to him or her in that manner.

(2) For the purposes of subsection (1)(d), a notice or other document is sent to a person by electronic means in accordance with this subsection—

(a) if it is sent to an email address that the person has furnished to the Minister for that purpose, or

(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.

(3) Where a notice or other document referred to in subsection (1) has been sent to a person in accordance with—

(a) paragraph (c) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

(b) paragraph (d) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices or other documents by electronic means generates a message or other record confirming the delivery of the notice or other document by the electronic means used.

(4) In this section, ‘electronic interface’ means a secure information technology platform, portal, exchange, network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.”,

and

(b) in section 19, by the insertion of the following subsections after subsection (1):

“(1A) Where the Minister is satisfied that one or more of the grounds specified in subsection (1) exists, the Minister shall, prior to revoking a certificate of naturalisation under this section, give the person to whom the certificate of naturalisation was granted such notice as may be prescribed of the Minister’s intention to revoke the certificate of naturalisation (in this section referred to as a ‘notice of intention to revoke’).

(1B) A notice of intention to revoke shall—

(a) inform the person of—

(i) the Minister’s intention to revoke the certificate of naturalisation, and

(ii) subject to subsection (1O), the reasons for the opinion of the Minister referred to in subsection (1A),

and

(b) include a statement of the effect of subsection (1D).

(1C) A person to whom a notice of intention to revoke is given may, within the period of 28 days beginning on the date the notice of intention to revoke is given to the person, make representations in writing to the Minister regarding the intended revocation.

(1D) After the expiry of the period referred to in subsection (1C), the Minister shall—

(a) decide whether to revoke the certificate and in making that decision shall have regard to the representations, if any, made by the person under that subsection, and

(b) give the person concerned a notification in writing of his or her decision.

(1E) Where the Minister decides under subsection (1D) to revoke the certificate of naturalisation, the notification under paragraph (b) of that subsection shall—

(a) include a statement informing the person of—

(i) the Minister’s decision to revoke the certificate,

(ii) subject to subsection (1O), the reasons for the decision, and

(iii) the right of the person under subsection (1F) to request that an inquiry be held into the decision,

and

(b) include a statement of the effect of subsection (1J).

(1F) A person who is the subject of a notification to which subsection (1E) applies may, in the prescribed manner and within the period of 14 days beginning on the date on which the notice is given to the person, request that an inquiry be held into the Minister’s decision to revoke his or her certificate of naturalisation.

(1G) The Minister, on receipt of a request made in accordance with subsection (1F), shall appoint a Committee of Inquiry to hold an inquiry into the decision to revoke the certificate of naturalisation concerned.

(1H) A Committee of Inquiry appointed under subsection (1G) shall consist of the following members:

(a) a chairperson, who shall be a retired Judge of the Circuit Court, the High Court, the Court of Appeal or the Supreme Court, and

(b) 2 ordinary members, being persons with such experience and qualifications as the Minister considers appropriate having regard to the functions of the Committee of Inquiry.

(1I) A Committee of Inquiry shall be independent in the performance of its functions.

(1J) Where a person does not, within the period specified in subsection (1F), request that an inquiry be held into the Minister’s decision to revoke the certificate of naturalisation, the revocation of the certificate of naturalisation shall take effect 14 days after the date the notice is given to the person.

(1K) A Committee of Inquiry shall consider the Minister’s decision to revoke the certificate of naturalisation, and may in accordance with subsection (1L) decide to—

(a) affirm the decision, or

(b) set aside the decision.

(1L) In arriving at its decision under subsection (1K), a Committee of Inquiry shall have regard to—

(a) the reasons for which the Minister made the decision to revoke the certificate of naturalisation,

(b) any representations made by the person to the Minister under subsection (1C),

(c) any submissions made or information provided (where applicable, in accordance with regulations under subsection (1P)) to the Committee by the Minister or person concerned,

(d) where an oral hearing is held, the evidence adduced and any submissions made by the Minister or the person concerned at the hearing, and

(e) any other circumstances or matters that the Committee considers relevant.

(1M) Where a Committee of Inquiry decides under paragraph (a) of subsection...