Vol. 554 No. 5
1352 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform if, in view of representations from Irish-Argentinians and a statement made by the Taoiseach on a recent visit to Argentina, he will review the situation whereby great-grandchildren of Irish nationals can obtain Irish citizenship. [15874/02]
I assume the Deputy's question refers to Argentinian nationals whose only direct lineal ancestor to have been born in Ireland was a great-grandparent. The great-grandchildren of persons born in Ireland can obtain Irish citizenship by registering in the foreign births register provided either of their parents had at the time of their birth acquired Irish citizenship through registration in the foreign births register. There is one exception to that rule. If one parent had registered in the foreign births register prior to 31 December 1986 the person can register even if the parent had not registered at the time of that person's birth.
If persons are not entitled to Irish citizenship in these circumstances, they may nevertheless be entitled to Irish citizenship as a result of marriage to an Irish citizen, post-nuptial citizenship. A person is entitled to make a declaration of post-nuptial citizenship if he-she is married to an Irish citizen, who is Irish other than by naturalisation, post-nuptial citizenship or honorary citizenship, for at least three years. The marriage must be valid and subsisting and the couple must be living together as husband and wife at the time of declaration. The post-nuptial process is being repealed with effect from 30 November 2002. By way of a transitional provision, persons who are married to Irish citizens before that date but fail to satisfy the three year criterion at that time can make the declaration after that date upon completion of three years of marriage. The transitional provision will cease to apply on 30 November 2005.
Finally, of course, any non national, be they Argentinian or otherwise, can apply for Irish citizenship through naturalisation. Such applications are considered under the Irish Nationality and Citizenship Acts, 1956 to 2001, and the granting of a certificate of naturalisation is at my absolute discretion. The applicant must fulfil certain statutory requirements, including requirements in relation to residency. However I am empowered to dispense with the statutory conditions in whole or in part in certain circumstances – for example, where the applicant is of Irish descent or Irish associations. Every such application is decided upon on its individual circumstances and in accordance with the law. It should be noted also that the statutory residency requirements for persons who are married to Irish citizens will be reduced from 30 November 2002 in view of the fact that post nuptial citizenship will no longer be available.
The Irish Nationality and Citizenship Act, 2001, which was enacted on 6 June 2001, made extensive changes to Irish citizenship law as enunciated in the Irish Nationality and Citizenship Acts, 1956 to 1994, and it is not intended to revisit the issue of foreign births registration in the foreseeable future.
