Seán Barrett (Dún Laoghaire, Fine Gael)
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Question 461: To ask the Minister for Justice, Equality and Law Reform if he will use his discretionary power to grant citizenship by way of naturalisation to persons (details supplied) in view of the fact that their mother, an Irish citizen by descent as a grand-daughter of Irish-born immigrants, formally acquired Irish citizenship in 1989, after the passage of the Irish Nationality and Citizenship Act 1986 which denies them citizenship on residency grounds; if he will take into account the anomalous situation that such children born after 1986 could be registered in the Foreign Births Entry Book and granted Irish citizenship by right; and if he will make a statement on the matter. [28223/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I assume the Deputy's question refers to Argentinian nationals whose only direct lineal ancestor to have been born in Ireland was a great-grandparent. My Department has been engaged in extensive correspondence over the last number of years in relation to the question of Irish citizenship for the three individuals concerned and the broader issue of Irish citizenship for Argentinian nationals of Irish descent.

The position is that the great-grandchildren of persons born in Ireland can obtain Irish citizenship by registering in the Foreign Births Register provided either of their parents had at the time of their birth acquired Irish citizenship through registration in the Foreign Births Register. There is one exception to that rule. If one parent had registered in the Foreign Births Register prior to 31 December 1986, their child can register even if the parent had not registered at the time of that person's birth.

If persons are not entitled to Irish citizenship in these circumstances, they can apply for Irish citizenship through naturalisation. Such applications are considered under the Irish Nationality and Citizenship Acts 1956 — 2004. The applicant must fulfil certain statutory requirements including requirements in relation to residency. However I am empowered to dispense with the statutory conditions in whole or in part in certain circumstances — for example where the applicant is of Irish descent or Irish associations. Every such application is decided upon on its individual circumstances and in accordance with the law.

The three persons referred to in the Deputy's question lodged applications for naturalisation in 2002. Having considered all of the information available at that time, the three applications were refused. It is, of course, open to the individuals to apply again for naturalisation at any time in the future. Any such applications will be considered in the context of the legislation in force at that time.