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Dáil Éireann díospóireacht -
Wednesday, 29 Jun 1994

Vol. 444 No. 6

Ceisteanna—Questions Oral Answers - Naturalisation Applications.

Pat Rabbitte

Ceist:

6 Mr. Rabbitte asked the Minister for Enterprise and Employment the functions of his Department in regard to applications for naturalisation under the business migration scheme; the conditions for investment as part of this scheme; if a shareholding must be taken; if a loan is acceptable; if there is a minimum time period for the investment; the procedures that are in place in his Department to ensure that any such conditions are met; and if he will make a statement on the matter.

The Irish Nationality and Citizenship Act, 1956, as amended in 1986, provides that the Minister for Justice shall have absolute discretion to grant an application for a certificate of naturalisation, although the statutory conditions are not wholly satisfied, where an applicant has Irish associations. Applications may be considered within this provision where the Minister for Justice is satisfied, on the advice of a Minister of the Government, that the applicant has invested a substantial sum in the State in a viable business with job-creating potential. Other than providing advice in the latter context, my Department has no function — in particular no statutory function — in regard to the consideration of applications for naturalisation. The question as to whether a particular application meets the requirements of "Irish associations" is a matter for the Minister for Justice. As the Deputy, no doubt, will be aware the so-called business migration scheme is at present under review and any changes in the present arrangements will be announced in due course.

I am puzzled by the Minister's reply. I know you will not permit quotations at Question Time but a document circulated by the Minister's Department highlights unease within it about the operation of the business migration scheme and that is referred to in the Minister's reply. Is the Minister satisfied with the operation of the business migration scheme as revealed recently in the case of the family business of the Taoiseach? Is he satisfied about the distinction drawn between an investment and a soft loan and about the extent of transparency? Is he satisfied with the residency qualification and the duration of the investment? All these matters were referred to in the document from his Department. Does he stand over that document and will he make recommendations on the lines contained in it?

The Deputy asked a number of supplementaries, all of which I will attempt to address. My Department has a specific function when requested by the Department of Justice — and only when requested by the Department of Justice — to advise on the economics of a particular application for naturalisation for the business migration type passport. The sole question, usually seeking the advice of the former IDA, now IDA Ireland or Forbairt, is to advise on the economic viability or suitability of the proposed investment. I am satisfied that we have the ability and the capability to provide adequate and objective advice in that respect. With regard to recent events I would simply say, without prejudice, that the Government is setting up a review of the process with a view to examining what changes in the present arrangements can be effected to address some of the concerns expressed. I cannot anticipate the outcome of that review. When it is published I am sure the House will have an opportunity to discuss it.

Does the Minister stand over the recommendations and fears expressed in the internal document in his Department? In relation to his remark that he is only involved in the matter when requested by the Minister for Justice to comment on it, the Minister told us — you will not permit me to quote — on 31 May in a debate that the Department of Justice passed on all such applications to his Department and that they in turn were passed on to the IDA in all cases. The phrase used was "in most cases, if not all, the IDA is requested to do an evaluation". Will the Minister confirm that the IDA in the case of the family business of the Taoiseach was not so requested? Did the Minister or his Department make any recommendations on that application since he told the House on 31 May that it was normal practice for the Minister for Justice to transfer these applications to the Department of Enterprise and Employment?

If I had been aware the Deputy had a specific application in mind and if he had put down the question in the form of a written question rather than in a series of supplementaries I would be in a position to give him an accurate response. I regret that since he did not I cannot reply to the specific questions.

I accept that the Minister could not possibly have divined that I had intended any specific case by this question.

I do not think the Minister should be taxed with responsibilities that are clearly those of another Minister.

The last thing I want to do is overtax the Minister but I am entitled to ask him to clarify the point he made about his Department only being required to comment on such applications when requested to do so by the Minister for Justice. He has already told the House that these applications are forwarded to him as a matter of routine and that, in turn, they are transferred within his Department to the IDA. Will he please clarify that?

As I said in my reply, it is normal practice for the Department of Justice to consult my Department on an administrative, not a statutory, basis. Precisely because of some of the concerns expressed by Deputy Rabbitte and others the Government is reviewing the scheme. No doubt when that review is complete and decisions have been made we will be able to publish that review and it will then be a matter for this House to debate whether it is an appropriate way to deal with this matter.

Deputy Rabbitte rose.

The Deputy will agree I gave him quite some latitude on this question.

I do agree, Sir. Will the Minister state if any investigation is being conducted within his Department as a result of the case that came to light in the midlands? Will his Department make specific recommendations in terms of whatever statutory or other changes have already been promised in this matter by the Tánaiste?

The review process established by the Government consisting of my Department and the Departments of Justice and Foreign Affairs will take into account all the concerns expressed recently with the intention of producing a satisfactory arrangement that meets the standards of transparency and efficiency which the State requires and which anybody doing business with the State is entitled to receive.

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