Bernard Durkan (Kildare North, Fine Gael)
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Question 218: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12729/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. Those conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State; be of good character; have 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, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have 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 the context of naturalisation, certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996.

The person in question arrived in the State in November 1999 and claimed asylum. She later withdrew that application and was granted permission in January 2002 to remain in the State on foot of her parentage of an Irish born child. She applied for a certificate of naturalisation in October 2004. I decided to refuse the application on 7 March 2006 on the basis that the person in question did not meet the statutory residency criteria and that it was not a case where I considered it appropriate to exercise my absolute discretion to waive the residency requirement. The person in question was notified of my decision and the reasons for that decision on 13 March 2006.

The person concerned will meet the statutory residency criteria in January 2007, provided that she has maintained her permission to remain without any gaps since January 2002 and continues to do so until January 2007.