Michael McDowell (Dublin South East, Progressive Democrats)

I ask the Senator to be careful in this matter and not to fall into the error, which somebody did in the Lower House, of confusing a certificate of naturalisation with a certificate of nationality. A certificate of nationality is a document which provides evidence that a person is an Irish citizen. Section 28 of the 1956 Act states that any person who claims to be an Irish citizen, other than a naturalised Irish citizen, may apply to the Minister or, if resident outside the island of Ireland, to any Irish diplomatic officer. In those circumstances the Minister can issue a certificate of nationality. It sometimes happens, although not all that often, that people are required to have a certificate of nationality. A certificate of naturalisation is somewhat different. It is the vehicle whereby one becomes an Irish citizen, if one was not beforehand.

As regards somebody born in Ireland whose citizenship from birth depends on whether his or her parents were or were not resident in Ireland, in those circumstances I could revoke a certificate of nationality if I was satisfied that the issuance of the certificate was obtained by fraud, misrepresentation — including innocent misrepresentation — or failure to disclose material information. That is the case if a certificate of nationality was issued in those circumstances. Therefore, if somebody pretended that he or she had been here for three years when, in fact, he or she had been here for two years, I could revoke a certificate of nationality if I had issued it. As a matter of law, the child would not be an Irish citizen from birth.