Written answers

Thursday, 25 May 2006

Department of Justice, Equality and Law Reform

Citizenship Applications

5:00 pm

Photo of Willie PenroseWillie Penrose (Westmeath, Labour)
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Question 234: To ask the Minister for Justice, Equality and Law Reform if he will take steps to ensure that citizenship is granted to a person (details supplied) as set out in correspondence furnished to his Department on 3 February 2006; and if he will make a statement on the matter. [20208/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The position is that the great-grandchild of a person born in Ireland can obtain Irish citizenship by registering in the Foreign Births Register provided either of his/her parents was an Irish citizen at the time of his/her birth. There is one exception to that rule. If the child's parent had registered in the Foreign Births Register prior to 31 December, 1986, the person can register even if the parent had not registered at the time of that person's birth.

In this particular case, the person referred to in the Deputy's question registered in the Foreign Births Register in 2004 on the basis of having a grandparent born in Ireland. However, as he did not exercise his entitlement to Irish citizenship prior to the birth of his children, and was not therefore an Irish citizen at the time of their births, the children are not entitled to register. The Irish Nationality and Citizenship Act, 1956, as amended was enacted by the Oireachtas, and the Ministers for Justice, Equality and Law Reform and Foreign Affairs are obliged to administer it. A challenge to the constitutionality or otherwise of the Act, would be a matter to be settled by the Irish courts. A reply is due to issue shortly to the letter received from the person concerned.

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