Written answers

Tuesday, 1 June 2004

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)
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Question 90: To ask the Minister for Justice, Equality and Law Reform if he has plans to examine the effects of changes in the UK's drug laws in 2003 in which cannabis was reclassified from a category B to a category C drug; and if he will make a statement on the matter. [16352/04]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I have no plans to carry out an examination as suggested by the Deputy.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 91: To ask the Minister for Justice, Equality and Law Reform if, in regard to the implications of the preliminary opinion of the Advocate General of the European Court of Justice in a case of a person (details supplied), as a stateless child, this person will be entitled to Irish citizenship under the terms of the Government's proposed Irish nationality and citizenship Bill; if this will not be altered by the proposed amendment to the Constitution; and if he will make a statement on the matter. [16294/04]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The question concerned relates to the Chen case. The Chen baby is an Irish citizen and not a stateless child as the question suggests. The question of statelessness, therefore, does not arise nor will the citizenship of the child in question be affected by the Government's proposals.

This case arose as a result of the referral of certain questions by the UK immigration appellate authority to the European Court of Justice. However, the immigration appellate authority found as a fact that the child lost her claim to Chinese nationality as a result of her acquisition of Irish nationality.

Under section 6(3) of the Irish Nationality and Citizenship Act 1956, as amended by the Irish Nationality and Citizenship Act 2001, a person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country. The Government's proposals will not alter this position.

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