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Northern Ireland

Dáil Éireann Debate, Wednesday - 6 December 2023

Wednesday, 6 December 2023

Questions (122)

Patrick Costello

Question:

122. Deputy Patrick Costello asked the Minister for Justice if the State considers those living in Northern Ireland who are eligible to Irish citizenship as enshrined in the Good Friday Agreement to be Irish from birth. [54040/23]

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Written answers

Under Article 1 (vi) of the Good Friday Agreement, the British and Irish Governments "recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland."

In Annex 2 to the Agreement, the British and Irish Governments declare that it is their joint understanding that the term "the people of Northern Ireland" in paragraph (vi) of Article 1 of this Agreement means, for the purposes of giving effect to this provision, all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence.

Article 9. 2.1° of the Constitution provides "Notwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law."

Sections 6 and 6A of the Irish Nationality and Citizenship Act 1956 set out the detailed provisions on the entitlement and acquisition of Irish citizenship by persons born on the Island of Ireland and give effect to the provisions of the Good Friday Agreement and the Constitution.

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