Bernard Durkan (Kildare North, Fine Gael)
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Question 223: To ask the Minister for Justice, Equality and Law Reform if the residency status in the case of a person (details supplied) in County Laois entitles them to apply for naturalisation; and if he will make a statement on the matter. [15857/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy has not provided sufficient information with regard to the person in question to enable me to give a detailed response. Consequently, I can only set out the position generally. The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must:

be of full age, or by way of exception, be a minor born in the State

be of good characterhave

had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

intend in good faith to continue to reside in the State after naturalisation

have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that I may, in my absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. It is open to the person in question to lodge an application for a certificate of naturalisation if and when he is in a position to meet the statutory requirements applicable at that time.