Gerard Murphy (Cork North West, Fine Gael)
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Question 130: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position with regard to allowing families of Irish born babies remain and work here; the number of families of Irish born children that have been deported since the change in law; if the Government made arrangements with Irish embassies abroad to ensure that Irish citizens who have been deported by the Government are kept in contact with and facilitated in every way possible; and if he will make a statement on the matter. [36796/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In January, 2005 I announced a scheme whereby the non-national parents of children born in Ireland before 1 January 2005 could apply for leave to remain in the State based on their parentage of those children. This so-called IBC/05 Scheme and its terms and conditions were widely advertised and its closing date was 31 March, 2005. Generally, leave to remain was granted for a two year period initially, effective from the date of issue of the letter granting leave to remain. The permission allows the applicant to work without the need of a work permit and to engage in business without seeking the permission of the Minister. That scheme followed from the Citizenship Referendum in 2004 and the passing by the Oireachtas of the Immigration and Citizenship Act, 2004, the effect of which is that children born to non-nationals from 1 January, 2005 no longer enjoy an automatic right to citizenship.

In relation to the Deputy's question about the deportation of families of Irish born children, since the change in law, the Irish Nationality and Citizenship Act, 2004, which was commenced by me with effect from 1 January 2005 provides at Section 4. 6A (1)2 — "A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years ".

It should be made clear that Irish citizen children cannot be deported and statistics are not maintained as to the number of Irish born children who accompany their parents who are the subject of deportation orders to their country of origin.

The Deputy should note also that children are not sent back with their parents to the parents' country of origin where no right of residency for those children exists in that country. For example, any child of Nigerian parents (i.e. the largest nationality group of asylum-seekers) is a Nigerian national by virtue of its parentage regardless of where he/she is born and is consequently entitled to reside with his/her parents in their country of origin following deportation. Given that such children will have an entitlement to citizenship in the State of their parent(s) it is not my intention to monitor the welfare of such children following their return to that country and the question of Ireland's consular services being available to such persons would arise in only the most exceptional of circumstances.