Muslim citizenship applicants told: 'You can only have one wife'
Thursday June 17 2004
The Irish Independent has learned that Muslim applicants for post-nuptial citizenship are being required to sign a sworn affidavit that they will not take a second wife in the future.
The Irish Council of Civil Liberties (ICCL) last night denounced the practice as "despicable".
A spokeswoman for the Department of Justice said it has been the practice to make inquiries "regarding the future marital intentions of some persons".
She said such inquiries were made in circumstances where "there was reason to believe that person's cultural or religious beliefs comprehended the possibility of more than one spouse at the same time".
ICCL director Aisling Reidy said imposing such a condition on certain people "on the basis of their religious background is blatant discrimination".
Ms Reidy said she believed the practice was also in breach of the equality principles in the constitution as the department was failing to treat all applicants equally before the law. She acknowledged that the Muslim faith allows men to take more than one wife and that this is not permitted by the laws of this country.
But she pointed out that the department was not asking applicants to swear affidavits that they would not steal, rape or kill anyone - acts which are also prohibited by the laws of the land.
The power to grant citizenship or refuse it is entirely at the discretion of the Minister for Justice, Equality and Law Reform.
Non-nationals who are making an application for post-nuptial citizenship must have been married to their Irish spouse for at least three years and be able to show they are living as husband and wife.
The department spokeswoman pointed out that the courts have already decided the minister is entitled to look behind the required declaration of fidelity to the nation and loyalty to the State. It was in that context that inquiries regarding future marital plans were made, she said.
The spokeswoman said that "the practice is currently under review in consultation with the Attorney General".
- Grainne Cunningham
