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Dáil Éireann debate -
Thursday, 13 Dec 2001

Vol. 546 No. 5

Written Answers. - Asylum Applications.

Jim O'Keeffe

Question:

16 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform his views on whether babies born to asylum seekers should have automatic entitlement to Irish citizenship; and his proposals to change the law in this regard. [31755/01]

Austin Deasy

Question:

29 Mr. Deasy asked the Minister for Justice, Equality and Law Reform his plans to have the law changed, or to hold a referendum to have the law changed, to stop the abuse of citizenship by asylum seekers and illegal immigrants; and if he will make a statement on the matter. [31965/01]

Noel Ahern

Question:

232 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform the position regarding the granting of citizenship to all persons born in the State and the permission being granted to families to remain here to attend the needs of babies born here; if he will make a statement on the regulations, legislation or constitutional provisions covering this issue; the way in which it can be altered; and if such plans are being considered. [32398/01]

I propose to take Questions Nos. 16, 29 and 232 together.

The entitlement to citizenship by birth has long been a feature of Irish legislation. Section 6 of the Irish Nationality and Citizenship Act, 1956, as amended by the Irish Nationality and Citizenship Act, 2001, provides that every person born in the island of Ireland is entitled to be an Irish citizen. This applies irrespective of the immigration status of either of the parents. This feature of Irish citizenship law is unique in the European Union, and unusual worldwide. In other EU member states the citizenship of a child born in that state is generally dependent on the citizenship of the parents and/or the status and duration of residence of the parents in the state concerned.

The entitlement to citizenship by birth is now also a constitutional right arising from Article 2 of the Constitution, as amended following the Good Friday Agreement. Accordingly, a constitutional amendment would be required before any alteration of the existing statutory position would be possible. In line with the decision of the Supreme Court in the Fajujonu case [1990] 2 I.R. 151, subject to the common good, a non-Irish national who becomes the parent of an Irish citizen has a strong claim to be allowed to reside in the State with that citizen. There has been a significant increase in the number of applications from non-nationals to remain in the State on the basis of parentage of an Irish citizen child in the last year. In the year to end November, my Department received 5,247 applications for permission to remain on the basis of parentage of an Irish citizen from current or former asylum applicants. The number of such persons granted leave to remain in the State on this basis in the period was 2,398. This compares with 909 in the year 2000 and 1,227 in 1999.
Evidence suggests that a significant proportion of adult female asylum applicants are pregnant upon arrival in the State and that their decision to seek asylum in Ireland is, at least in part, motivated by the anticipation of the benefits which might accrue for themselves, their partner and their child as a result of that child being born in Ireland. While it is of course the case that some such persons could also have a well-founded basis for seeking asylum, a large proportion of such applicants either withdraw their asylum claims, when seeking permission to remain on the basis of parentage, or are refused status under the provisions of the Refugee Act, 1996. There have also been instances of attempted abuse by the submission of false claims of parentage.
Under our present constitutional and legislative position it is possible for a person to arrive in the State in an advanced stage of pregnancy to arrange for their child to be born in the State, the child thereby becoming an Irish citizen and an EU citizen. The child has an entitlement to benefit from EU treaty and EU legislative entitlements to free movement and residence. On foot of the Fajujonu judgment the parents have a strong claim to be allowed to remain in Ireland and, after a period of legal residence, to obtain citizenship themselves. Such a system is of course potentially open to abuse by persons wishing to establish an entitlement to remain in Ireland or eventually to enter other EU member states. There are no proposals before Government at present to change the constitution in this regard. However, in light of the circumstances which have evolved in relation to this situation, my Department is keeping this issue under very careful and ongoing review.
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