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You can find the current article at its original source at https://www.theguardian.com/uk-news/2019/oct/14/uk-court-rules-against-derry-woman-in-irish-identity-case
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| Version 2 | Version 3 |
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| UK court rules against Derry woman in Irish identity case | UK court rules against Derry woman in Irish identity case |
| (about 1 hour later) | |
| People born in Northern Ireland are legally British, unless they register a change in citizenship, even if they identify as Irish under rights granted in the Good Friday agreement, a UK court has ruled. | People born in Northern Ireland are legally British, unless they register a change in citizenship, even if they identify as Irish under rights granted in the Good Friday agreement, a UK court has ruled. |
| The case involved Emma DeSouza, a Derry-born British citizen who in 2015 applied for a residence card for her US-born husband, Jake. She made the application identifying herself as an Irish citizen. The Home Office rejected the application on the grounds that it considered DeSouza a British citizen, and said the only way it could deal with the case was for her to “renounce her status as a British citizen”. | The case involved Emma DeSouza, a Derry-born British citizen who in 2015 applied for a residence card for her US-born husband, Jake. She made the application identifying herself as an Irish citizen. The Home Office rejected the application on the grounds that it considered DeSouza a British citizen, and said the only way it could deal with the case was for her to “renounce her status as a British citizen”. |
| However, a first-tier immigration and asylum tribunal ruled in her favour in February last year, saying that under the terms of the Good Friday agreement people of Northern Ireland had a unique right to identify in multiple ways. | However, a first-tier immigration and asylum tribunal ruled in her favour in February last year, saying that under the terms of the Good Friday agreement people of Northern Ireland had a unique right to identify in multiple ways. |
| The Home Office challenged the ruling, arguing that not all the contents of the agreement had been incorporated into British law and therefore the rights in the Good Friday agreement did not trump those in the 1981 British Nationality Act. | The Home Office challenged the ruling, arguing that not all the contents of the agreement had been incorporated into British law and therefore the rights in the Good Friday agreement did not trump those in the 1981 British Nationality Act. |
| The Irish Department of Foreign Affairs said Ireland had amended its domestic law after the 1998 peace deal to deliver the agreed rights. Questions will now be asked as to why UK domestic law was not amended likewise. | The Irish Department of Foreign Affairs said Ireland had amended its domestic law after the 1998 peace deal to deliver the agreed rights. Questions will now be asked as to why UK domestic law was not amended likewise. |
| In its appeal on 10 September, Tony McGlennan QC, for the Home Office, argued the initial tribunal had made a “fundamental and egregious error”. | In its appeal on 10 September, Tony McGlennan QC, for the Home Office, argued the initial tribunal had made a “fundamental and egregious error”. |
| DeSouza had held British citizenship since birth “so she is not exercising treaty rights” and therefore did not fit into the category of being an EEA national. | DeSouza had held British citizenship since birth “so she is not exercising treaty rights” and therefore did not fit into the category of being an EEA national. |
| The high court in Belfast ruled in favour of the Home Office on Monday. | The high court in Belfast ruled in favour of the Home Office on Monday. |
| De Souza had argued that she should not have to renounce her British citizenship, contending she never considered herself British and was entitled to identify as Irish under the GFA. | De Souza had argued that she should not have to renounce her British citizenship, contending she never considered herself British and was entitled to identify as Irish under the GFA. |
| But the judges, Justice Lane, and Judge Rintoul, president of the Upper Tribunal concluded: “As a matter of law, Mrs de Souza is, at present a British citizen in the current time,” | But the judges, Justice Lane, and Judge Rintoul, president of the Upper Tribunal concluded: “As a matter of law, Mrs de Souza is, at present a British citizen in the current time,” |
| In their ruling Justice Lane, and Judge Rintoul, president of the Upper Tribunal also said “nothing in this decision brings into question the past and continuing importance and constitutional significance of the Belfast Agreement [Good Friday Agreement (GFA)] to the people of Ireland and the UK”. | In their ruling Justice Lane, and Judge Rintoul, president of the Upper Tribunal also said “nothing in this decision brings into question the past and continuing importance and constitutional significance of the Belfast Agreement [Good Friday Agreement (GFA)] to the people of Ireland and the UK”. |
| Their ruling centres on whether the tribunal had earlier made an error of law, not on whether the law delivered the Good Friday agreement or not. | Their ruling centres on whether the tribunal had earlier made an error of law, not on whether the law delivered the Good Friday agreement or not. |
| They found that international treaties such as the GFA were entered into under royal prerogative but that this prerogative “does not extend” to altering domestic law without the “intervention of parliament”. | They found that international treaties such as the GFA were entered into under royal prerogative but that this prerogative “does not extend” to altering domestic law without the “intervention of parliament”. |
| “Quite simply, a treaty is not part of English law unless and until it has been incorporated into the law by legislation,” the ruling said, and de Souza or others could not derive rights or be denied rights by an international treaty.They said the Northern Ireland Act of 1998 which gave effect to certain provisions in the Good Friday agreement did not touch on self-identification and nationality and this “was entirely deliberate on the part of the United Kingdom”. | “Quite simply, a treaty is not part of English law unless and until it has been incorporated into the law by legislation,” the ruling said, and de Souza or others could not derive rights or be denied rights by an international treaty.They said the Northern Ireland Act of 1998 which gave effect to certain provisions in the Good Friday agreement did not touch on self-identification and nationality and this “was entirely deliberate on the part of the United Kingdom”. |
| The Home Office said: “The Home Office is absolutely committed to upholding the Belfast (Good Friday) Agreement. We respect the right of the people of Northern Ireland to choose to identify as British or Irish or both and their right to hold both British and Irish citizenship. | |
| “We are pleased that the Upper Tribunal agrees that UK nationality law is consistent with the Belfast Agreement.” | |
| Northern Ireland | Northern Ireland |
| Ireland | Ireland |
| British identity and society | British identity and society |
| Europe | Europe |
| news | news |
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