Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senator Ó Donnghaile for raising this matter. It gives me an opportunity to clarify the situation. The Irish Nationality and Citizenship Act 1956, as amended, sets out the law governing Irish citizenship. The Act distinguishes between the entitlement to Irish citizenship by birth and descent and to the acquisition through the process of naturalisation. With regard to citizenship by means of birth in the island of Ireland, the Act specifies certain residence requirements which must be made immediately preceding the birth of the child, where the child is born to non-nationals.

Prior to 1 January 2005, every person born on the island of Ireland was entitled to be an Irish citizen regardless of any lack of ties to Ireland. Following a referendum of the Irish people the 27th amendment of the Constitution changed the situation in relation to entitlement to Irish citizenship. As a result the 1956 Act was amended by the Irish Nationality and Citizenship Act 2004. The changes came in to effect on the first day of January 2005. As and from that date, a child born in the island of Ireland to certain non-nationals is not entitled to be an Irish citizen unless the child's parents have been lawfully resident in the island of Ireland for a total of three years during the four years preceding the birth of the child. Periods of residence which are unlawful, for the sole purpose of having an application for refugee status determined or for the purpose of study are excluded from the determination of periods of reckonable residence. The position of foreign nationals, whether residing in the jurisdiction of the State, or in Northern Ireland or any other jurisdiction, is solely a matter for the authorities of the relevant jurisdiction, including where the foreign national may be a parent of an Irish citizen child. The sole fact of being the parent of an Irish citizen child does not bestow to the parent any entitlement to Irish citizenship. The grant of Irish citizenship through naturalisation is based on the individual satisfying the statutory conditions for naturalisation, which includes having the required lawful residence in the jurisdiction of this State.

It is, however, open to the parents of an Irish child to make an application for Irish citizenship through naturalisation, if and when they fulfil the conditions for naturalisation as set out in the Act. The eligibility for a grant of Irish citizenship through naturalisation, as mentioned previously, is based on the individual having the required lawful residence in the jurisdiction of this State. Residency in the jurisdiction of Northern Ireland is not reckonable under the Act for the purposes of naturalisation, except in circumstances where the application is grounded upon being the spouse or civil partner of an Irish citizen.

From a Brexit perspective, and these are the circumstances under which Senator Ó Donnghaile has raised this matter, it is important to be clear about the scope, and about what is outside the scope of the Article 50 negotiations as they relate to residency or other rights. In this context, the negotiations are primarily concerned with the impacts on the European Union nationals in the UK, including in Northern Ireland, and the corollary of UK nationals in the European Union. This specific strand of the negotiations has been prioritised for early consideration between the negotiating parties. This does not change the right of persons born in Northern Ireland under the Good Friday Agreement. Persons may apply for Irish citizenship in accordance with the legislative changes arising from the Good Friday Agreement. The question of citizenship, however, remains very much a national competency.

Obviously Ireland is maintaining very close contact with these negotiations and I would be very happy to keep the House informed. I very much acknowledge the point raised by Seanadóir Ó Donnghaile and I recognise his own - if I can describe it as such - specialist interest in this issue. I will be happy to keep the House fully informed or to meet with the Seanadóir on any occasion he feels it may be helpful to the points as raised.