Eamon Gilmore (Dún Laoghaire, Labour)

-----a prepared script. I am familiar with the case to which Deputy Martin referred because he raised it with me in correspondence and I have also met the parents of the child concerned. It is a case for which I have considerable sympathy and I have made extensive inquiries about it within my Department.

The Deputy stated that he is not aware of anything that would prevent me from issuing a passport, but this is not the case. A decision of the Circuit Court on 8 June refused the application for a declaration of parentage in respect of the child. In these circumstances, the legal position of the child's parentage and thus entitlement to citizenship has not been established and therefore I cannot issue the child with a passport. I investigated the possibility of issuing an emergency travel certificate to the child, but I am advised on the basis of the information available that there is no legal basis for me to do so.

I understand the parents are unhappy with the situation, but given that the Circuit Court has issued a determination, no administrative procedure is available to me to overrule it. I am advised that the position can only change on foot of an appeal to the High Court to overturn the decision of the Circuit Court. The State will be co-operative in regard to the processing of any appeal to the High Court. The Attorney General will not oppose an appeal regarding the declaration of parentage and the State will not seek costs in respect of any application made. The State is also willing to co-operate on the processing of an appeal to the High Court if the parents' solicitor contacts the Office of the Chief State Solicitor. In one recent case which was taken to the High Court, a passport was issued within 24 hours of the court's decision being made.

The difficulty in this case is that we cannot ignore the decision of the Circuit Court and I cannot issue a direction to overrule it administratively. However, we will provide every co-operation in expediting an appeal to the High Court.

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