John Gormley (Dublin South East, Green Party)
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Question 662: To ask the Minister for Justice, Equality and Law Reform if he will reconsider his decision to apply a three-year residency requirement, as part of an internal change in guidelines after 22 May 2003, for convention refugees who wish to apply for citizenship in the interests of fairness (details supplied); and if he will make a statement on the matter. [19862/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The first main point that must be made is that the acquisition of Irish citizenship through the naturalisation process is a privilege, not a right. The discretionary nature of the naturalisation process is in keeping with international practice. Thus, it is not the case that a person who has been resident here, or in employment here, or has been granted refugee status here has, after a period or even an extended period of time, a right to naturalisation. It has been the case since 1935 that all decisions on naturalisation, even where all of the statutory conditions for naturalisation have been fulfilled, are expressed to be at the absolute discretion of the Minister for Justice, Equality and Law Reform.

Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an applicant for naturalisation must have one year's period of residence in the State before the date of the application and a total of four years' residence in the State in the eight years preceding that period.

Section 16 of that Act provides that I may, in my absolute discretion, waive the statutory conditions in certain circumstances, including where the applicant is a person who is a refugee within the meaning of the United Nations convention relating to the status of refugees. In considering applications under this provision, I am generally disposed to waiving two years of the normal residency requirement, thereby requiring such applicants to be resident in the State for three years at the time of the application. In so far as refugees are concerned, the three year period commences from the date the applicant arrived in the State to seek refugee status.

The conditions necessary for the acquisition of naturalisation are not just about residency. Another equally important requirement, and one which is not generally waived by me, even where the applicant is a refugee, is that of good character. Since the acquisition of refugee status does not of itself evidence good character, I consider that a period of three years' residence in the State is generally necessary for the purpose of building a profile from which to evaluate that requirement. I have no plans to review this policy at the present time.