Dáil Éireann Debate, Wednesday - 28 September 2005
985 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the case of persons (details supplied) in Dublin 6 who have applied for permission to remain in the State on the basis of parentage of an Irish-born child; and if he will make a statement on the matter. [25224/05]
Amharc ar fhreagraApplications for permission to remain in the State under the revised arrangements for the non-national born parents of Irish-born children born before 1 January 2005 are being dealt with in order of receipt in so far as is possible and as expeditiously as possible. Some 18,000 applications were received under the revised arrangements and to date more than 13,000 of those have been given decisions. It will take several weeks before the processing of the applications from the persons concerned will be completed.
986 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the way in which it is proposed to accommodate situations whereby one child born here before a certain date qualifies for an Irish passport and another child in the same family born here after this date cannot qualify for citizenship; and if he will make a statement on the matter. [25225/05]
Amharc ar fhreagraThe amendment to the Constitution following the referendum on 11 June 2004 has allowed the Oireachtas to deal with the issue of citizenship for children of non-national parents. The Irish Nationality and Citizenship Act 2004, which commenced on 1 January this year, provides that certain non-nationals are required to be resident in the island of Ireland for a three-year period prior to the birth of their child for that child to be entitled to Irish citizenship. This altered the previous situation whereby a child born in the island of Ireland was automatically entitled to Irish citizenship. I am on the record of this House voicing my concern that this automatic entitlement was an attraction to persons, with no link to Ireland, to seek to come to Ireland to acquire Irish and EU citizenship for their children.
The conditions for naturalisation, which provides for the acquisition of Irish citizenship by those non-nationals who have established a link with Ireland, were amended in the above mentioned Act to address the very situation outlined by the Deputy in his question. With effect from 1 January 2005, the parent, guardian or those acting in loco parentis of a child born in the State, who was not entitled to Irish citizenship, will be able to apply for naturalisation on behalf of the child after five years residence in the State.
In addition, section 16 of the Irish Nationality and Citizenship Act 1956, as amended, contains a provision that I may, at my absolute discretion, waive some or all of the statutory conditions for naturalisation and grant an application where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations. The circumstances of an individual case would be relevant in my determining to employ these discretionary powers.
