Dáil Éireann Debate, Wednesday - 26 October 2022
150. Deputy Catherine Murphy asked the Minister for Justice the reasoning behind her proposed amendment to the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 which would reduce the reckonable residence requirements for minors seeking to be naturalised from five to three years; if her Department will consider reducing the requirements further; and the reason that three years was chosen as the cut-off point. [53681/22]
Amharc ar fhreagra151. Deputy Catherine Murphy asked the Minister for Justice if she intends to broaden the categories of children entitled to naturalisation under the Irish Nationality and Citizenship Act 1956; and if so, when she intends to introduce such an amendment. [53682/22]
Amharc ar fhreagra153. Deputy Catherine Murphy asked the Minister for Justice if the attention of her Department has been drawn to the fact that children cannot currently make an application for naturalisation independent of their parents or guardians; if her Department has received legal advice in relation to whether this is in contravention of Article 42.A of the Constitution and the UN Convention on the Rights of the Child; and if she will provide the details of any plans that her Department has to ensure children can hold independent residency permits, as is in operation in Germany and Canada. [53684/22]
Amharc ar fhreagra154. Deputy Catherine Murphy asked the Minister for Justice if her attention has been drawn to the fact that the Irish Naturalisation and Immigration Service has been refusing applications for naturalisation signed by social workers on behalf of children in their care; and if her Department has taken steps to amend this practice. [53685/22]
Amharc ar fhreagraI propose to take Questions Nos. 150, 151, 153 and 154 together.
Currently, section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an application for a certificate of naturalisation may be made on behalf of a minor born in the State. One of the conditions for naturalisation is that the person who makes the application on the minor’s behalf, must be a parent or guardian of the minor or a person in loco parentis to the minor. Prior to making any application the child must have had one year’s continuous residence in the State immediately before the date of the application and four years residence during the eight years preceding that.
On 13 September 2022, I published the Courts and Civil Law (Miscellaneous Provisions) Bill 2022, which has recently completed Second Stage in Dáil Éireann. As I informed the House at Second Stage, I intend to bring forward Committee Stage amendments to this Bill that will amend the Irish Nationality and Citizenship Act 1956.
The Government believes that providing a shorter pathway to citizenship for children born in Ireland to non-Irish citizen is the right thing to do.
My officials continue to work on the drafting of amendments to the 1956 Act to reduce from five to three the number of years' residence required for children born in the State to become eligible for citizenship by naturalisation. This will allow children who are currently on a pathway to Irish citizenship to attain this status at an earlier stage. With this proposed amendment, Ireland will be one of the most generous in the EU in terms of the years of residence required for foreign national children born here to gain citizenship by naturalisation.
I am aware of difficulties that have arisen in cases where applications for naturalisation have been sought to be made in relation to children in the care of the Child and Family Agency (Tusla). The amendments will make clear provision for applications in cases where a care order under the Child Care Act 1991 has been made in relation to a child.
I look forward to further debate on these amendments as the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 progresses through the Houses of the Oireachtas.
