Dáil debates

Wednesday, 25 February 2009

Other Questions

Citizenship Applications.

1:00 pm

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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Question 44: To ask the Minister for Justice, Equality and Law Reform his plans to address the delay in processing a citizenship application; and if he will make a statement on the matter. [7674/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There are 16,853 applications for naturalisation with the citizenship division of my Department that are still awaiting a decision. This is primarily due to the significant increase in the volume of applications received in the past number of years. In 2002, there were 3,500 applications, whereas in 2008 the number of such applications was 10,885. This upward trend seems set to continue and it is anticipated that applications for naturalisation will increase to 14,000 this year.

Following the decentralisation of the citizenship division to Tipperary town, substantially increased resources have been made available to it to reduce backlogs and provide a better quality service to all applicants. This investment has also had a positive impact on processing times. The average processing time from application to decision for the generality of valid applications for certificates of naturalisation is 22 months, down from 30 months. It is expected that this will progressively improve over the coming year to an average timeframe of 18 months, which I regard as a reasonable target. In fact, the division is currently commencing further processing of applications received in mid-2007.

It would be useful for me to set out for the House the procedures employed to assess applications for naturalisation. Upon receipt, an initial examination of each application is carried out to determine that the application form is completed fully and correctly and that all requested supporting documentation has been submitted. Passports and other documentation are then examined in detail and inquiries with the Garda National Immigration Bureau also are necessary to determine if the applicant meets the statutory residency criteria as set out in the Irish Nationality and Citizenship Act 1956, as amended. A significant number of applications are initially found to be invalid for a variety of reasons and these are now being dealt with and returned to the applicant within a week.

Additional information not given on the floor of the House

Further processing takes place at a later stage and involves assessing an applicant's financial status in respect of his or her ability to support himself or herself in the State. Inquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. Investigations are also undertaken to determine if the applicant can be considered to be of good character. Depending on the complexity of any given case, these processes can take a lengthy time to complete. Once all inquiries are completed, the file is referred to me for a decision.

The Deputy will appreciate that a certificate of naturalisation is an exceptional and important document that facilitates a non-national becoming a citizen of Ireland. Therefore, there is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria. The procedures involved have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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The Minister might come back to me with the number deemed invalidated at the start of that process.

Why has the information on the Department's INIS website not been updated to take account of the Irish Nationality and Citizenship Act 2004? The website, which was launched as a one-stop shop in 2007, is supposed to give people information on how to go about applying for citizenship but it does not even include the changes that came into force as a result of the Irish Nationality and Citizenship Act 2004. In this era of e-Government, is it acceptable that such information is not available on the website? Is it acceptable that while the website was launched in 2007, the information had not been revised and has not been revised subsequently?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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That has not been brought to my attention heretofore. I will have it changed as quickly as possible. However, all the applicants know the information required, and they would be told clearly on application. As I stated, ultimately we must get the checks from the Garda, the Department of Social and Family Affairs and from other agencies, and this normally creates the delay in the application.

At the same time people must accept that citizenship is not something that can be given out willy-nilly. The giving of citizenship of our country to somebody is a privilege. We must ensure that these people have loyalty and fidelity to, and are not a burden on, the State when they become naturalised. It is only fair. Any examination of systems in other countries, I would hazard a guess, would show the process takes even longer than in Ireland.

On the investment in Tipperary, I visited the decentralised office in Tipperary which has new technology and software available. It is able to make the decisions, and to return queries to persons who have applied, ever more quickly.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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I put it to the Minister that the basic information of which we speak is like the third secret of Fatima. The reason I came across this information is because an applicant, married to an Irish citizen, who should have been able to apply did not know that they were legally entitled to apply for citizenship based on the Department's website. Is it the case that the vast majority of these applicants numbering nearly 17,000 are persons who have contributed to the economy, who are married to Irish citizens or who are supporting critical jobs in the economy, mainly within the health service?

Is it acceptable that information on the Department's website that should have been revised nearly five years ago has not been revised? Does the Minister believe that is part of the reason so many of these applications are rejected in the first instance?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I do not accept that. From my dealings in my constituency on naturalisation applications, I am aware that people generally know what is required. It is not rocket science. They need an application and they need the supporting documents including passports and documentation on their legal stay while in Ireland.

The issue of marriages is a complex area. It is one of the reasons there are delays. As I stated to Deputy Naughten and others who have attended the Committee Stage debate on the immigration Bill, there is significant fraud with marriages of convenience in this country, whether we like it or not, and that is one of the reasons the authorities, particularly the Garda and the Department, must be extremely vigilant on the type of information being portrayed to ensure that genuine cases get through. We should stamp out the practice where people, in effect, marry out of convenience in order to claim Irish citizenship or residency, and we are working with our EU colleagues in that respect.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Given what the Minister stated in his reply, and having regard to the fact that queries are dealt with at the beginning of the application within a matter of months and the documents are returned as being invalid, would he accept that the vast majority of files awaiting approval go through? If so, and in view of what Deputy Naughten stated about those working and living in the State, many of them married to Irish citizens, would the Minister consider according those persons voting rights——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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It is a different question, I am afraid.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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——particularly those from non-EU countries because those from EU countries may vote in the European elections in any event?

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Minister does not have responsibility for voting. A brief final reply on the other matter.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am not sure what the other matter is.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Voting rights for applicants.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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No. That is not the Minister's responsibility.