Following 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. As regards 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 before the House. Until that legislation is enacted and commenced, the situation on the ground will remain 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 indicated at a recent meeting of the Oireachtas Joint 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.