Ulick Burke (Fine Gael)
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I welcome the Minister of State at the Department of Health and Children. I wish to raise the urgent need for the Minister for Justice, Equality and Law Reform to outline his proposals to rectify matters pertaining to persons who have resided in this State for more than five years, who have fulfilled the statutory and administrative requirements for citizenship and who submitted their applications in 2002 but still, after two years, have not had their citizenship applications finalised. It is ironic that today we discussed also the motion on the constitutional referendum on the issue of limiting citizenship.

I acknowledge the courtesy and effectiveness of the civil servants in dealing with representations in the Department of Justice, Equality and Law Reform. In an earlier debate I contrasted this as against other Departments.

In 1999 a total of 739 applications for citizenship and 1,242 declarations of post-nuptial citizenship were received. In 1999, 416 applications, approximately 50% were processed and 1,022 certificates of post-nuptial citizenship were issued. In 2003, the corresponding figures were 3,580 applications for citizenship and 2,369 declarations of post-nuptial respectively. Of those, 1,664 applications were processed and 2,227 certificates of post-nuptial citizenship were issued. The statistics bear out the serious increase in the volume of applications. Those particularly affected are medical personnel, for example non- national doctors who have worked under contract in hospitals for many years and are often selected to attend conferences abroad but because they are not Irish citizens they experience a great deal of hassle when travelling and often refuse to attend, thus missing out on very valuable experiences to increase their knowledge. I do not wish to mention specific individuals in case it would prejudice their case. However, I ask that cases that have been highlighted be treated with urgency so that the doctors can build their careers from the experience gained at international conferences. Many expecting a response to their applications in December 2003 are still waiting and I ask the Minister to expedite the process.

Ivor Callely (Dublin North Central, Fianna Fail)
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I thank Senator Ulick Burke for raising this matter. I appreciate that he did not refer to individual cases, but has addressed the issue in a global sense.

I concur with his view on the benefit we derive from non-nationals with identified skills that meet our skills shortage and that they play an important role in the provision and delivery of services, particularly in the area under the remit of the Department of Health and Children. A user-friendly system is in place to accommodate people and those in the medical and health service are prioritised for work visas and work permits processed by the Department of Enterprise, Trade and Employment.

The issue of citizenship is more complex. Some confusion about the process and the procedures exists, particularly statutory procedures. It may assist the Senator if I outline the procedures. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended in 1988 and 2001, provides that the Minister for Justice, Equality and Law Reform may grant a certificate of naturalisation, at his absolute discretion, if he is satisfied that the applicant is of full age; is of good character; has had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total period of residence in the State, amounting to four years, but two years in respect of the spouse of an Irish citizen; intends in good faith to continue to reside in the State after naturalisation; has made, either before a judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State. In addition, the Minister may also, at his absolute discretion, grant naturalisation where the conditions for naturalisation are not fulfilled, but where certain other circumstances are present, for example, where the applicant is of Irish descent or has Irish associations.

It might be of benefit to the Senator, if the procedures involved in processing of an application for naturalisation were outlined. When an application is received, it is examined initially to ensure that the applicant meets the residency requirements and that the application forms are fully completed and correctly witnessed. If the application is in order in this regard, it is filed to await processing in chronological order with other applications on hand. The next stage of processing involves a fuller examination of the application and its supporting documents to ensure that requested documentation has been supplied and that a clear profile of the applicant is available to the Minister so that he or she can make a decision. The last stage of the process involves obtaining a report from the Garda on the applicant's background. When these various stages of processing have been completed, the application is submitted to the Minister for a decision. Due to all the elements involved, coupled with the large increase in the number of applications being received, this process can take a lengthy time to complete.

The number of applications for naturalisation received in the Department of Justice, Equality and Law Reform has increased substantially during the last number of years. In 2001, a total of 1,431 applications for naturalisation was received and 1,012 certificates were issued. In 2002, the equivalent figures were 3,574, an increase of approximately 2,100, and 1,332 certificates were issued. In 2003, the figures were 3,580 and 1,664 certificates were issued. Indications are that the number of applications being received is continuing to rise, similar to the rate of increase I have outlined. There has been quite an increase in the number of applications since 2001.

At the start of 2001, the processing time for an application was approximately two and a half years. Through a combination of the assignment of additional staff and the streamlining of procedures, the average processing time was reduced to 15 months by the end of 2001. Due to the significant increase in the number of applications received in the last couple of years, the average processing time is currently around 18 months. It must be stressed that some applications will be processed more quickly than others. Processing time depends on the level of inquiries required in connection with a given application.

Senator Ulick Burke should be aware that the acquisition of citizenship through naturalisation is a privilege rather than a right. That it is bestowed generously by the Minister is demonstrated by the 1,664 certificates he granted in 2003. It is not, however, a privilege granted without careful examination of each case to ensure the statutory requirements are fulfilled. Any discretion vested in the Minister is exercised in a manner appropriate to the nature of the privilege being granted. Consequently, it is not the case that where a person appears prime facie to comply with legal requirements or supplies a specified list of documents, he or she will be naturalised within a specified period. In certain cases the inquiries which must be made and the consideration required will take longer than the average 18-month processing period. The Minister asks the House to be conscious of the danger of drawing general conclusions from specific cases.

More than 600 Civil Service staff work on immigration and citizenship related duties in the Department of Justice, Equality and Law Reform. More than 70% of them are engaged in the processing of asylum claims or in the provision of accommodation for asylum seekers. The Minister is satisfied that an average 18-month waiting period for naturalisation is reasonable given the pressure on public finances and the serious nature of the determination to be made.