Dáil Éireann díospóireacht -
Wednesday, 2 Dec 1998

Vol. 497 No. 6

Written Answers - Citizenship Applications.

Bernard J. Durkan

Ceist:

209 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when persons (details supplied) in Dublin 15 will be approved in respect of their application for citizenship; and if he will make a statement on the matter. [25971/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

In general, there are three ways in which a person who is not a citizen of Ireland can obtain Irish citizenship; by descent (foreign births registration), by naturalisation or by marriage to an Irish citizen (post-nuptial citizenship).

There does not appear to be a record of applications for naturalisation or post-nuptial citizenship having been received in my Department from or on behalf of the persons detailed and the Department of Foreign Affairs, which administers foreign births registration, has confirmed that there is no record of applications having been received in that Department.

The conditions governing the acquisition of Irish citizenship through the three methods mentioned above are set out below and if the persons detailed are satisfied that they fulfil the criteria under any of the headings, it is open to them to make an application to my Department or to the Department of Foreign Affairs.

Descent

A person whose mother or father was born in Ireland is automatically an Irish citizen. A person whose grandfather or grandmother, but not his or her parents, was born in Ireland may become an Irish citizen by registering in the foreign births register (FBR) at an Irish Embassy or consular office or at the Department of Foreign Affairs. There are also certain instances whereby a person can obtain Irish citizenship through his or her great-grandfather or great-grandmother. The following table sets out the position —

A	Born in Ireland	Irish citizens
B	Child of A — born outside of Ireland	Irish citizens
C	Child of B/grandchild of A — born outside Ireland	Must register to obtain Irish citizenship
D	Child of C/great grandchild of A — born outside Ireland	May register for Irish citizenship, provided that “C” was an Irish citizen at the time of “Ds” birth.

The Irish Nationality and Citizenship Act, 1986 introduced a provision whereby registration in the FBR would henceforth grant citizenship from the date of registration only. Hence, the situation whereby the great-grandchild of an Irish-born person ("D") can only register as an Irish citizen if his/her parent ("C") had registered him/himself prior to the child's birth.

Naturalisation

Section 15 of the Irish Nationality and Citizenship Act, 1956, as substituted by the Irish Nationality and Citizenship Act, 1986, provides that the Minister for Justice, Equality and Law Reform may, at his absolute discretion, grant a certificate of naturalisation where statutory provisions are complied with. These provisions require that an applicant has resided in the State for five years, is of good character and intends to reside in the State after naturalisation. Section 16 of the Act, as substituted by the 1986 Act, provides that the Minister may, in specific instances, waive some or all the statutory requirements when considering an application.

Marriage to an Irish citizen (post-nuptial citizenship)

Section 8 of the 1956 Act, as substituted by the 1986 Act, provides that a person who is not an Irish citizen may, following three years marriage to an Irish citizen, lodge a declaration accepting Irish citizenship as post-nuptial citizenship, provided that the marriage is subsisting at the date of lodgement of the declarations and the couple are living together as husband and wife and the spouse who is an Irish citizen submits an affidavit to that effect.