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Seanad Éireann debate -
Thursday, 30 Jun 1994

Vol. 140 No. 18

Adjournment Matters. - Irish Citizenship Application.

I thank you, a Chathaoirligh, for giving me the opportunity to raise this matter of the need for the Minister for Justice to review the application for citizenship of a person of Irish extraction from South Africa and that the review be carried out with a view to issuing the applicant with an Irish passport. I am a little disappointed that the senior Minister is not here for this important debate. In saying so, I do not wish to downgrade the Minster for State. He knows I have the greatest respect for him.

I have no intention of being controversial with regard to this issue. As we all know, the political situation in South Africa has changed utterly since the elections this year. White people are now living in a completely different milieu from that to which they were used. Many of them are afraid that the new terms of reference which define their citizenship may threaten their very existence. Moving from a position of racial superiority to equality is very difficult for many of the white population to handle. They feel threatened and insecure. Many find it difficult to relate to the new state. My information is that there is a small number of people there of Irish extraction. Some of them, in the interests of their future security, have been actively seeking Irish citizenship. The case I am discussing is an example.

I have discovered a wonderful romantic story which began in Capetown University and ended in, of all places, an old graveyard in Clones, County Monaghan. Mr. X and Ms Y became friends while they both attended this university. They fell in love and eventually married. X decided to trace his roots and discovered that his great-grandfather was born in Clones. As a result, his father was able to obtain an Irish passport and did so. When X discovered exactly who he was, his wife became curious about her roots. Research followed and there emerged an incredible result. Y's great-grandmother was also born in Clones. It would seem that, being contemporaries, the great-grandparents probably grew up together before separately emigrating to South Africa, where they lived unconnected lives. Members would agree that this is an extraordinary story.

On my advice, Mr. X made an application for Irish citizenship through the consular office in Johannesburg on 29 September 1993. The application would have been handled by the Department of Foreign Affairs under the foreign births register. Without the exercise of ministerial discretion, it failed. Mr. X corresponded with the Department of Justice in an effort to get the Minister for Justice to use her powers of discretion to offer him an Irish passport. I have copies of the correspondence between him and the Minister.

The first correspondence I have is addressed to the Minister, Deputy Geoghegan Quinn, and is dated 1 October 1993. On 6 October 1993 a letter was sent from the Office of the Minister acknowledging receipt of the letter and stating that it was receiving attention. On 13 October 1993 a further letter was issued to him and was exactly of the same nature as the previous one. On 12 November 1993 a letter was sent to him from the consulate in Johannesburg. This pointed out that because he did not come within the terms of the legislation, he was not entitled to a passport under that legislation. The consular office pointed out that he could directly petition the Minister for Justice for naturalisation. He did this on 22 November 1993, giving full details of his case. On 2 December 1993 the Office of the Minister for Justice, in the person of the Minister's private secretary, wrote to him stating that the Minister acknowledged receipt of the further letter and that it was receiving attention. No further correspondence has issued in the meantime. The Minister has paid no attention to the request this individual made.

I have resisted the temptation to become political about this matter. We have had enough controversy about passports recently and I do not intend to engage in any such controversy. However, I want to cite the recent case where the Minister used her powers of discretion to offer citizenship to an Arab woman and her son. Given the background to that case, I ask the Minister to exercise her powers of discretion by offering a passport to this applicant and I look forward to the Minister of State's response.

The law concerning the acquisition of Irish citizenship is set out in the Irish Nationality and Citizenship Acts, 1956-94. Persons of Irish descent born abroad may become Irish citizens by registration in circumstances set out in that legislation. These Acts allow a person born outside Ireland to register as an Irish citizen in certain circumstances. Citizenship is obtained by registering the applicant's birth with the Department of Foreign Affairs or with diplomatic missions and consular offices abroad.

Under the 1956 Act, the right to citizenship by descent was very wide. The 1986 Act tightened up the provisions to provide that a fourth generation applicant — that is, a person with a great grandparent born in Ireland — can be registered only if the parent through whom he or she is claiming Irish descent was already registered at the time of his or her birth.

In the case raised by the Senator, I am informed that the person in question raised the issue of citizenship with our Honorary Consul in Johannesburg last September. I am aware that Senator Cotter wrote to the consul with a request that the person be allowed to complete the relevant application forms for citizenship. The appropriate form with regard to registration was completed. The outcome was that the applicant was informed that he was ineligible under the relevant provisions of the legislation, primarily because the parent through whom he was claiming citizenship was not an Irish citizen at the time of the applicant's birth.

At that time, a question was raised with the consul about the Minister for Justice using her discretionary powers with regard to naturalisation. The person in question wrote to the Minister generally about citizenship. However, no application form in relation to naturalisation was received by the Department of Justice.

It may be that an assumption was made that, in referring to the discretionary powers of the Minister for Justice regarding naturalisation while applying for citizenship by registration, the applicant considered that he was effectively applying for naturalisation also. However, the law provides that an applicant for a certificate of naturalisation is required to make a written application on a prescribed form which includes a statutory declaration made by the applicant in support of the application before a notary public, commissioner for oaths or a peace commissioner. It is, of course, open to any interested person to make such an application and, if the Senator so wishes, I can ask the Department of Justice to provide him, or the person in question directly, with the relevant forms.

However, without prejudging the application, I would make the point that, in general, naturalisation is the most common method for a non-national residing in Ireland to obtain citizenship. An applicant is required to satisfy a number of conditions, including a period of five years residency in the nine years proceeding the application, with the last year being one of continuous residence. An applicant is also expected to have his or her usual residence in the State after becoming a citizen. The Minister of Justice has power to dispense with the conditions in whole or part in circumstances which are defined by law, but the point I am emphasising is that naturalisation is generally a route towards citizenship for persons who are resident in the State.

I thank the Minister for his response. I want to put a few questions to him. I want to know why the person who petitioned the Minister on 22 November 1993 was not informed of those particular issues. The Minister acknowledged the letter and left it at that. It is disgraceful that the individual was not so informed. The application was received by the Department of Foreign Affairs. Surely, the Minister could have contacted the Department for details and contacted the individual again. I am disappointed that the Minister has treated somebody with Irish roots — although they are distant — in such a way and I hope it never happens again. No attempt was made——

The Minister has replied.

I want to ask why there was so much confusion in the Department of Justice when my motion was put down. People in the Department informed me that they had no file on this matter.

The Senator is going into an area——

I want to know the answer because there is incompetence somewhere. I have here all of the correspondence relating to this matter — names, dates and everything else. I want the Minister to tell me why there was so much incompetence that office when dealing with this correspondence.

In fairness, there is no reference to that in the Senator's question.

It arises from the Minister's reply.

This is not a debate.

If the Minister is not in a position to reply now, I want those answers supplied. It is an incredible omission that this correspondence was not followed up. This person was not treated with the proper respect by the Minister's office.

The Senator was allowed to raise the matter on the Adjournment; the Minister replied and the Senator asked a question or two. I regret to have to say that the matter ends there. I am sure the Senator has other ways of raising the matter.

May the Minister reply to my question?

If he wants to.

I will just make an observation. Senator Cotter emphasised two or three times that he did not want to make a political issue out of this. If he is really interested in the person whose case he is bringing and wants him to be helped, I have pointed out to him how to do it. Let us forget about the past and concentrate on getting this matter resolved.

That is not a satisfactory answer.

That is the Senator's opinion.

The Seanad adjourned at 7.15 p.m. until 11.30 a.m. on Tuesday, 5 July 1994.

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