Written Answers. - Naturalisation Applications.
Desmond J. O'Malley
Question:
113
Mr. O'Malley
asked the
Minister for Justice, Equality and Law Reform
the specific administrative criteria laid down for applications for naturalisation based on Irish association or investment during the period from December 1988 until the introduction of the terms of reference of the advisory group established in October 1994.
[17453/97]
In reply to a Dáil Question from the Deputy last week I stated:
In December 1988, the Government decided that, in cases where substantial investment in the manufacturing or sevices sectors of the economy had been made by overseas investors, the Minister for Justice should interpret such investment as falling within the interpretation of Irish associations set out in section 16 of the Irish Nationality and Citizenship Acts, and that if the person had purchased a substantial residence, and had resided in Ireland for a period of 60 days in the preceding two years, naturalisation could be granted.
I went on to explain that, over time, these conditions began to loosen and that, for example, "some property and forestry developments were taken as qualifying and the 60 day residence requirement was not applied in all cases".
As records are maintained on an individual basis and, as I said in my reply of last week, those individual records have only recently been comprehensively identified as part of the review I am conducting, it is not possible, without detailed examination of each case, to say precisely what specific criteria were followed in each individual case.
In my reply of last week I indicated that I had asked my officials to examine each case and, as part of this exercise, the precise history in relation to the administrative practice and criteria followed will be charted. I will then be in a better position to respond more fully to the Deputy's question.
A document containing guidelines headed "Statement of Intent" was drawn up, early on in the life of the scheme but I cannot say whether the guidelines it contains were applied in particular cases pending the outcome of the review to which I have referred. Versions of that document were certainly in existence as early as 1988. Following is a copy of the document in use in April 1989 though I stress that the detailed examination now under way may show there were earlier or indeed later versions of the document or indeed that other material will emerge which would be relevant in terms of comprehensively replying to the Deputy's question.
Statement of Intent (in relation to the exercise by the Minister for Justice of his discretion under section 16 of the Irish Nationality and Citizenship Act, 1956, as amended, to waive the provisions of section 15 (c) of the Act in the case of persons establishing certain businesses in the State).
The Minister will accept as fulfilling the requirements of "Irish associations" in section 16(a) the guidelines set out in (a), (b) and (c) hereunder so as to grant an application which does not comply with the condition at 15(c) of the Act, but only that condition.
(a) The applicant will have acquired a residence in the State, will have been resident in the State for two years and will have spent a reasonable amount of time here over the two years.
(b) The Minister will be satisfied, on the advice of a Minister of the Government, that the applicant has established a manufacturing or international services or other acceptable wealth and job creating project here that is viable and involves a substantial investment by the applicant.
(c) All other requirements of the Act have been complied with. (Copies of sections 15 and 16 of the Act are attached).
Notes:
(1) "Residence" for the purpose of paragraph (a) involves the establishment here of a residence consistent with the circumstances of the applicant and any of his family allowed to reside here by law and in which he (they) have their home. The question as to whether any accommodation is or is not a "residence" will be decided on the criteria applicable to the grant of naturalisation generally and the decision of the Minister thereon shall be final.
(2) For the purposes of "a reasonable amount of time here over the two years" in (a) the minimum number of days acceptable would be 60.
(3) The "project" referred to at (b) will be one resulting from the applicant's investment and which would not otherwise have occurred.
(4) The application may include a spouse and children under 18 years of age.
Sections 15 and 16 of the Irish Nationality and Citizenship Act, 1956, as amended by the Irish Nationality and Citizenship Act, 1986
Conditions for issue of certificate
4.—The following section is hereby substituted for section 15 of the Act of 1956:
"15.—(1) Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant—
(a) is of full age;
(b) is of good character;
(c) has had a period of one year's continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period has had a total residence in the State amounting to four years;
(d) intends in good faith to continue to reside in the State after naturalisation; and
(e) has made, either before a Justice of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
(2) The conditions specified in paragraphs (a) to (e) of subsection (1) are referred to in this Act as conditions for naturalisation."
Power to dispense with conditions of naturalisation in certain cases
5.—The following section is hereby substituted for section 16 of the Act of 1956:
"16.—The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation in the following cases, although the conditions for naturalisation (or any of them) are not complied with:
(a) where the applicant is of Irish descent or Irish associations;
(b) where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations;
(c) where the applicant is a naturalised Irish citizen acting on behalf of a minor child of the applicant;
(d) where the applicant is married to a naturalised Irish citizen;
(e) where the applicant is married to a person who is an Irish citizen (otherwise than by naturalisation);
(f) where the applicant is or has been resident abroad in the public service;
(g) where the applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees of the 28th day of July, 1951 and the Protocol Relating to the Status of Refugees of the 31st day of January, 1967, or is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September, 1954."
