Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 6, line 27, to delete “and”.

This section amends the Irish Nationality and Citizenship Act 1956 to provide that any period of time spent in the State while exempt from immigration controls is not reckonable for naturalisation purposes. It also clarifies that children born to diplomats and associated persons who are exempt from immigration controls do not qualify for Irish citizenship by birth, unless one of the child’s parents is an Irish citizen or entitled to be, a British citizen, a person entitled to reside in the State without any restriction on his or her residence, or a person entitled to reside in Northern Ireland without any restriction on his or her residence.

With the amendments I am proposing to address a minor anomaly that has been identified in our citizenship legislation with regard to Irish public servants serving the State overseas. Under section 7(3) of the Irish Nationality and Citizenship Act 1956, as amended, a person born outside the island of Ireland derives Irish citizenship through a parent who was also born outside the island of Ireland but only if their birth was registered on the foreign births register. Pursuant to section 7(3)(b), if at the time of birth that parent was abroad in the public service of the State, the person is automatically an Irish citizen without being required to be registered on the foreign births register. This ensures children born to non-Irish born public servants serving abroad are not disadvantaged in terms of entitlement to citizenship. However, an issue has been identified with the provision insofar as disadvantages may arise in respect of subsequent generations. For example, if a person who has derived his or her citizenship by virtue of section 7(3)(b) and who is not a public servant has a child abroad, assuming the child’s other parent is also non-Irish born, that child would not derive Irish citizenship unless registered on the foreign births register. The proposed amendments are aimed at correcting this anomaly by deeming such a person as having been born on the island of Ireland for the purposes of that subsection.

I am sure Deputies will agree that public servants working overseas do crucial work and are a credit to the State. In many cases, taking up a foreign posting can entail considerable sacrifices for the individuals concerned and their families. For these reasons, we are committed to ensuring disadvantages are minimised. This is a minor anomaly in the citizenship legislation. Nonetheless, it seems appropriate to take the opportunity in a miscellaneous provisions Bill to address it to ensure public servants, their children and grandchildren will not be disadvantaged under the citizenship laws. I hope Deputies can support the amendments which are a practical and sensible response to recognising what service abroad is actually about, namely, working for one's country. In simple terms, the provisions recognise that when an Irish diplomat serving abroad has children abroad, in law it is the same as having a child at home.