Billy Kelleher wants Government to pay legal bill for Emma DeSouza's citizenship challenge

Fianna Fáil MEP Billy Kelleher wants the Government pay the legal bill for an Irish woman who took on the British government over citizenship rights. Picture:Leah Farrell/RollingNews.ie

Fianna Fáil MEP Billy Kelleher has written to Michael McGrath requesting that the Irish government pay the legal bill for an Irish woman who took on the British government over citizenship rights.

Emma DeSouza, from Co. Derry, had applied for a residence card for her American husband Jake to live and work in Northern Ireland in 2015.

Ms DeSouza took the case after the UK Home Office rejected their application on the basis that the British state considered her a British citizen because she was born in Northern Ireland. The Home Office suggested she reapply by identifying herself as British or renounce her UK citizenship and reapply as an Irish citizen. 

Ms DeSouza has always identified as Irish, a right granted to everyone in Northern Ireland under the Good Friday Agreement.

The couple fought the case, which was finally resolved in May this year when the couple secured a concession under the principles of the Good Friday Agreement.

Ms DeSouza and thousands of people across Northern Ireland are now recognised as Irish citizens, if they wish to be, and her American husband can stay in the UK.

Both parties were directed to cover their own costs in the case, which was resolved outside of court.

On Friday, the couple received a bill for £45,953, adding to their current legal fees. The couple need to pay back around £80,000.

Ms DeSouza has set up a GoFundMe in order to raise the costs, however many have suggested that the Irish Government should foot the bill as Ms DeSouza had undertaken a huge legal task which will benefit thousands of people across the island. 

Billy Kelleher, the Fianna Fáil MEP for the south constituency, has written to his party colleague the Minister for Public Expenditure Michael McGrath requesting that Ireland pay the legal bill.

In the letter, seen by the Irish Examiner, Mr Kelleher said: "Her case was pivotal in underpinning the Good Friday Agreement's responsibilities with regard to citizenship in Northern Ireland.

"Minister, I believe that Ms DeSouza’s case did a great service to Irish citizens living in Northern Ireland, and, in fact, it could be claimed that it should have been the Irish Government’s job to take on the case in the first instance.

"I firmly believe that the Irish Government should make a contribution towards her legal costs as a gesture of goodwill and thanks. As you can see, the sums involved are not large in terms of government expenditure but for the couple themselves, they are quite prohibitive."

Ms DeSouza says Minister for Foreign Affairs Simon Coveney previously told her that the Irish government could not give her financial aid as they didn't think "politically it looked good". 

"It was really disappointing for us, but now the case is resolved, now the British conceded they're wrong I don't see why they can't resolve the financial side," she said.

"We would hope they would intervene now, we've carried a heavy weight the last five years.

To have the financial burden lifted would be the smallest thing the Irish government could do.

Ms DeSouza, who manages a coffee shop, has described the bill as "devastating" and a "huge amount of money for normal working people".

"I do think the Irish government should give us a hand," she said. 

"In reality what we have done here is reaffirmed the Irish government's interpretation of the Good Friday Agreement, of which they are co-guarantors.

"It's difficult as citizens shouldering the burden on behalf of the Irish government and the financial burden falling on ordinary people like us.

"We took the risk and were delighted to have won and reaffirmed the Good Friday Agreement, it's the greatest honour of our lives, but it's hard on a normal couple, we put our entire married lives on hold, every penny we had was in this case, we'll never get out of the debt were in, all the dreams a normal couple have, saving for a house for example, is so far removed for us."