Bernard Durkan (Kildare North, Fine Gael)
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Question 394: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of children born to asylum seekers here after 5 January 2005; if such children have entitlement to an Irish passport or residency in the event of a grant or refusal of asylum to their parents; and if he will make a statement on the matter. [29508/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will recall, following a Referendum of the Irish people, the 27th amendment to the Constitution changed the situation in relation to entitlement to Irish Citizenship.

As a result of this, Section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act, 2004. The changes came into effect on 1st January 2005. As and from that date a person born in the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been resident in the island of Ireland for a total of three years during the four years preceding that person's birth. Section 4 of the Irish Nationality and Citizenship Act, 2004 excludes the residence of parents in the asylum process at the time of the birth of the child from being reckonable for this purpose.

The subsequent result of the parents' asylum application, whether granted or refused, does not change the citizenship status of the child.

Bernard Durkan (Kildare North, Fine Gael)
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Question 395: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position in regard to application for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29509/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I informed the Deputy in my responses to Parliamentary Questions No. 425 on 16 May 2006 and 189 on 2 February 2006 that it was likely that the application on behalf of the person concerned would be finalised in the early part of 2007. That is still the position.