Alan Shatter (Dublin South, Fine Gael)
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Question 882: To ask the Minister for Justice, Equality and Law Reform if the European Patents Office is regarded by him as a public authority partly maintained out of public funds of this State; if so, his views on whether an Irish citizen employed with the European Patents Office based in Munich and required to reside in Munich is considered as being employed in the public service for the purpose of interpreting the relevant provisions of the Irish Nationality and Citizenship Act 2004 in the context of the residency rules stated therein; and if he will make a statement on the matter. [19774/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The term "public service" is defined in the Irish Nationality and Citizenship Act 1956, as amended, as referring to "employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible". My Department's view is that the European Patent Office does not come within the definition of "public service" as set out above. Therefore, for the purposes of the above Act my Department does not regard employment with the European Patent Office as being employment in the Irish public service, as defined, and consequently an Irish citizen employee of the European Patent Office is not regarded by my Department as being employed in the public service.