As the Deputy will be aware, entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. Where sections 6A and 6B of that Act apply, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.
Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence.
Entitlement of a child born in the State to Irish citizenship is determined by making an application for an Irish passport on behalf of the child to the Passport Office. However, entitlement to Irish citizenship under Section 6(3) is determined by the Citizenship Division of the Irish Naturalisation and Immigration Service, as is the entitlement to Irish citizenship of children born in Northern Ireland to certain foreign nationals. Children of Non-EEA/Swiss parents who do not meet the residency requirements, do not have an entitlement to Irish citizenship. However, in this case, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. This ensures that, even where a child born in the State did not have an entitlement to Irish citizenship, there is a path to obtaining Irish citizenship through naturalisation.
In addition, a certificate of nationality can be issued to a person as evidence that they were, as of the date of issue, an Irish citizen. The cases in question were referred to the Citizenship Division for consideration in respect of children born in the State. I can inform the Deputy that a formal liaison arrangement between the Department of Justice and Equality and the Department of Foreign Affairs and Trade, which was agreed last year and has been put in place, provides a mechanism for dealing with exceptional cases as well as ongoing consultation in relation to citizenship and passport matters in general.
As indicated in the Ombudsman's Report, my Department is working with the Department of Jobs, Enterprise and Innovation to evaluate the potential for streamlining the system dealing with the employment and immigration status of non-EEA workers where currently two entirely separate application processes are required. This evaluation is ongoing.
The question of extending the remit of the Ombudsman is in the first instance a matter for the Minister for Public Expenditure and Reform and that remit was significantly extended under the Ombudsman (Amendment) Act 2012. However, after careful consideration of all the issues involved, it was determined that the administration of the law relating to immigration or naturalisation, should not be within the scope of the Ombudsman. Part of the consideration was the fact that there are already a significant number of appeal processes built into the system including Judicial Reviews. That said, the matter will be kept under review. I should also add that the Irish Naturalisation and Immigration Service (INIS) has administrative arrangements in place with the Ombudsman's Office to assist and provide information and help resolve any matters brought to its attention.
The present provisions governing Jus Soli entitlement to Irish citizenship were enacted following the Twenty-Seventh Amendment of the Constitution inserting Article 9.2, which provides that a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law. The change proposed by the Deputy would render Article 9.2 of the constitution moot and I have no plans to amend the legislation in this way.
