Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 300: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kerry can apply for an Irish passport on the basis of their marriage; and if he will make a statement on the matter. [43877/08]

Dermot Ahern (Louth, Fianna Fail)
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The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of an applicant who is the spouse of an Irish citizen, those conditions are that the applicant must be of full age; be of good character; be married to the Irish citizen for a period of not less than three years; be in a marriage recognised under the laws of the State as subsisting; be living together as husband and wife with the Irish spouse; have had a period of one year's continuous residency in the island of Ireland immediately before the date of the application and, during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years; intend in good faith to continue to reside in the State after naturalisation; and 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. It is open to the person concerned to lodge an application for a certificate of naturalisation if and when she is in a position to meet the statutory requirements applicable at that time.