Dáil Éireann díospóireacht -
Tuesday, 30 Mar 1999

Vol. 502 No. 6

Written Answers. - Asylum Applications.

Richard Bruton

Ceist:

294 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the basis on which his Department distinguishes in its treatment of applications for naturalisation under the marriage rule depending on whether the applicant is married to an Irish national or to a naturalised Irish citizen; his views on whether the distinction made in the treatment of these cases conforms with the principle of equal treatment; and if he will make a statement on the matter. [9100/99]

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

I assume when the Deputy refers to Irish nationals, he is referring to persons who are born in Ireland or who are Irish citizens through their antecedents.

Section 16(d) of the Irish Nationality and Citizenship Act, 1956, as amended in 1986, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation, although the statutory conditions for naturalisation, or any of them, are not complied with "where the applicant is married to a naturalised Irish citizen".

Section 8 of the same Act provides that a non-national may, following three years marriage to an Irish citizen, who is Irish otherwise than by naturalisation, honorary citizenship or by post nuptial citizenship, make a declaration of Irish citizenship as his or her post nuptial citizenship.

The Deputy will appreciate, therefore, that any distinction which is made in these matters is in accordance with the provisions of the legislation governing the acquisition of citizenship and not as a result of any arbitrary policies operated by me or officials in my Department.

I should add, however, that I am reviewing the provision on post-nuptial citizenship and I will bring forward proposals for any change which I consider desirable.