Richard Bruton (Dublin North Central, Fine Gael)
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Question 120: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has assessed the delays that have built up in dealing with applications for naturalisation by the spouses of Irish citizens; when a decision is expected in the case of a person (details supplied) in Dublin 9; and if additional support will be given to this work in view of the inconvenience of obtaining visas when people need to travel abroad without an Irish passport. [39729/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Citizenship on the basis of marriage to an Irish citizen, until recently, could be acquired in one of two ways. Section 8 of the Irish Nationality and Citizenship Act 1956 (INCA) provided that spouses of Irish citizens, who were citizens other than by naturalisation could claim citizenship as of right once they had been married for three years by making a declaration of post-nuptial citizenship. There was no residence requirement under this section.

Spouses of Irish citizens, who had gained their citizenship by naturalisation themselves, were required to apply for naturalisation and comply with the normal statutory conditions for naturalisation contained in section 15 of INCA, namely residence in the State, being of full age and of good character and having an intention to reside permanently in the State after naturalisation.

Under an amendment to the INCA in 2001 post-nuptial citizenship was phased out over a three year period from the commencement of the Act on 29th November 2002 by a specific provision in Section 15A of the INCA. This provided, inter alia, for a three year rather than a five year residence requirement and a three year subsisting marriage requirement, both of which I am entitled to waive in cases where the applicant shows that they may suffer serious consequences in respect of their bodily integrity or liberty if not granted Irish citizenship.

In the interests of fairness to all concerned, it is the practice of the Citizenship Division of my Department to process cases in chronological order based upon the date of receipt of the application. As the conditions for naturalisation for the spouses of Irish citizens are generally the same as those for other applicants for naturalisation, I see no reason to deviate from the present practice in their case.

The only areas where the above practice is not observed involve applications by persons with refugee status or where the application is made on behalf of a minor. In the case of applicants with refugee status the Government has obligations under the United Nations Convention relating to the Status of Refugees of 28 July 1951. Accordingly every effort is made to ensure that applications from such applicants are dealt with as quickly as possible, having regard to the general volume of applications. Where applications made on behalf of minors are concerned, these generally require less processing than standard adult applications so it is usually possible to finalise them more quickly.

An application for a certificate of naturalisation was received in the Citizenship section of my Department from the person referred to in the Deputy's question on 28 July 2005. Applications received in the second half of 2004 are currently being processed and there are approximately 3900 applications awaiting processing before that of the person in question. It is likely that processing of the application of the person concerned will commence in the second half of 2007.

Meanwhile, if the person concerned wishes to travel outside of the State prior to her application for naturalisation being finalised, she can travel on her current passport and apply, in advance of her departure from the State, for a re-entry visa to the Visa Office at 13/14 Burgh Quay, Dublin 2.