Dáil Éireann Debate, Tuesday - 6 December 2016
100. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality her views on amending legislation to restore citizenship by birth here without reference to a person's parents' status; and if she will make a statement on the matter. [38816/16]
View answerEntitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. Following a Referendum of the Irish people, the 27th amendment to the Constitution changed the situation in relation to entitlement to Irish Citizenship. As a result, Section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act, 2004. The changes came into effect on 1st January 2005. As of that date a person born in the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been resident in the island of Ireland for a total of three years during the four years preceding that person's birth. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence.
Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. This ensures that, even where a child born in the State did not have an entitlement to Irish citizenship, there is a path to obtaining Irish citizenship through naturalisation.
I have no plans to amend the legislation.
