Department of Justice Warns of Golden Visa Scheme’s Unlawful Practices Before Scrapping

by drbyos

Department of Justice Warned of Risks in Irish Golden Visa Scheme

The Department of Justice issued a warning about the risks associated with Ireland’s Golden Visa program, emphasizing the need to prevent potential “unlawful” and “unethical” practices. These concerns were raised just months before the scheme was unexpectedly discontinued in early 2023.

The Program and Its Closure

The Golden Visa scheme, or Immigrant Investor Programme (IIP), was operational from 2013 to 2023. During this time, it attracted investments totaling €1.25 billion, primarily from Chinese millionaires. In exchange for substantial financial contributions, these individuals received Irish residency.

Code of Conduct to Safeguard the Program

In September 2022, when Minister for Justice Helen McEntee was on maternity leave, the Department of Justice drafted a code of conduct for the IIP. This document aimed to establish ethical and legal standards for all stakeholders involved, ensuring the program’s integrity.

The proposed code sought to protect the department and minister from “unprofessional, unethical, inappropriate or unlawful practices.” These warnings were issued five months before the scheme was abruptly terminated under Simon Harris’s leadership, who succeeded McEntee as Justice Minister.

Ongoing Challenges Post-Closure

Despite the program’s closure, winding down the IIP will take years. Projects already underway remained open, and some approved ventures had yet to achieve their financial targets.

A related FOI ruling highlighted the department’s significant lack of transparency. According to the Information Commissioner, the department had no searchable list of beneficiaries who received funding through the program.

Attempts to obtain information about these beneficiaries, including the names of Irish companies, charities, and public organizations that received the investments, were rejected on the basis that no central list exists.

“The records sought do not exist,” the Information Commissioner stated, adding that while the information might be scattered across various files, it is not organized for easy retrieval.

Previous Audits Raised Concerns

The IIP faced scrutiny from internal auditors in 2019 and accountants EY in 2020, who both raised questions about the program’s controls and checks.

Despite these concerns and subsequent rule changes, internal communications showed that apprehensions remained unresolved.

Information Redactions and Legal Battles

The Department of Justice initially sanitized the internal documents before releasing them to The Irish Times in response to an FOI request in November 2022. This action sparked an internal appeal, which was later rejected.

In March 2023, an appeal was submitted to the Information Commissioner, which did not result in a ruling until mid-December 2023, two years after the initial request.

While part of the note was released to Minister McEntee in December, the request for the names of visa recipients remained unresolved, citing privacy concerns.

Conclusion

The Irish Golden Visa program was a multi-billion euro initiative that aimed to bring investments and talent to Ireland. However, concerns about potential abuses and a lack of transparency plagued the scheme from its inception.

The Department of Justice’s warnings and subsequent closure highlight the complexity of balancing economic goals with ethical considerations in immigration policies.

As the program continues to wind down and investigations into its operations persist, it remains to be seen whether the underlying issues can be fully addressed.

Stay informed about these developments and share your thoughts on the implications this program has for Ireland’s future immigration policies.

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