Dáil Éireann Debate, Wednesday - 17 November 2004
390 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of applicants who have sought residence here on the basis of an Irish born child prior to the Supreme Court decision of January 2003: the number of applicants after the Supreme Court decision to date: his plans to address these applications on a collective basis; and if he will make a statement on the matter. [28699/04]
Amharc ar fhreagraFollowing the Supreme Court decision in the case of L & O in January 2003, the separate procedure for considering residency applications based solely on parentage of an Irish born child ceased on 19 February 2003. At that date a total number of 11,493 applications on this basis were outstanding. A further 10,584 applications had been granted from 1996 to the date of the Supreme Court decision. In relation to outstanding claims to reside in the State on the basis of parentage of an Irish born child and future claims for leave to remain in the State from the non-national parents of Irish born children, the Government decided that every such case would be examined and decided individually. A notice to this effect was published on 18 July 2003.
The amendment to the Constitution following the June referendum has allowed the Oireachtas to deal with the issue of citizenship for children of non-national parents. The Irish Nationality and Citizenship Bill 2004 is currently before this House. Until that legislation is enacted, the situation on the ground is unchanged. Any person born in Ireland is still entitled to Irish citizenship. This continues to be an attraction to persons with no link to Ireland to seek to come to Ireland to acquire Irish and EU citizenship for their children. In these circumstances it would be inappropriate for any change in procedures to be introduced in advance of the establishment of legislation as envisaged by the recent referendum. I have no plans for dealing with all cases on a collective statutory basis. Each case will be dealt with individually.
I have indicated at a recent meeting of the Dáil Committee on Justice, Equality, Defence and Women's Rights that I will in the near future make public my approach to the resolution of the issues raised in their cases. I have indicated the approach I will take will be on the basis of decency, pragmatism and common sense.
