Jim O'Keeffe (Cork South West, Fine Gael)
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Question 335: To ask the Minister for Foreign Affairs the number of applications that have been made for a passport for children born here since 1 January 2005 to date in 2009 on the basis that they are Irish citizens in which neither parent is an Irish citizen or entitled to be an Irish citizen; the number of such applications which have been granted in which the parent is either a British citizen, a national of an EU member state, an EEA agreement state or of the Swiss Confederation, and in which the parent is a non-Irish national other than an EU, EEA or Swiss national; if in such cases there have been long delays in reaching decisions, in some instances running into a number of years; the reason for such delays; and if he will make a statement on the matter. [13000/09]

Micheál Martin (Cork South Central, Fianna Fail)
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The Passports Act 2008 requires that before issuing a passport to a person, the Minister for Foreign Affairs shall be satisfied that that person is an Irish citizen. Proofs of identity and entitlement to citizenship are required in respect of all passport applications. These requirements are outlined in the passport application form notes that accompany each application form. Details are also available on the Department's website.

The citizenship of a child born on the island of Ireland on or after 1 January 2005 depends on the citizenship or period of legal residence in Ireland of his or her parents at the time of the child's birth and is determined by reference to the Irish Nationality and Citizenship Act 2004. The Minister for Justice, Equality and Law Reform has lead responsibility for questions of citizenship. Where at least one parent of such a child is, at the time of his or her birth: (i) an Irish citizen or entitled to be an Irish citizen, (ii) a British citizen or (iii) entitled to reside in the State or Northern Ireland without any restriction on his or her period of residence, the child has an automatic entitlement to Irish citizenship. In other cases, citizenship depends on whether the parent was legally resident in the island of Ireland for an aggregate period of at least three years in the four years prior to the birth of the child.

A total of 164,000 applications concerning children born in Ireland on or after 1 January 2005 have to date been registered by the Passport Office. This total includes repeat applications made in respect of some children where, for example, there were problems with the information, photographs or documents submitted initially. It is not possible to obtain a breakdown of this total by the nationality of the children's parents.

Some 148,000 passports have to date been issued to children born in Ireland since 1 January, 2005. Most of these passports (88%) were issued in respect of children where at least one parent was an Irish citizen or entitled to Irish citizenship at the time of the child's birth. A total of 2,866 passports were issued in respect of children where entitlement was established on the basis that at least one parent was a British citizen. Some 14,264 passports were issued in respect of children where a parent was entitled to reside in Ireland at the time of the birth. This category mainly concerns cases where at least one parent demonstrated that he or she was legally resident in Ireland for an aggregate period of at least three years in the four year period prior to the child's birth. It also includes a small number of cases where a parent is designated as a refugee.

Within this total, it is not possible to obtain a breakdown between cases where a parent is a national of an EU Member State, an EEA agreement State or of the Swiss Confederation, and those where the parent is a national of another country. In accordance with the Irish Nationality and Citizenship Act, 1956, as amended, evidence of lawful residence in the State by one or both parents must be provided. In cases where a parent is a national of the EU, EEA or Swiss Confederation, a declaration may be made regarding the period of residence. Evidence of residence such as tax forms or bank statements may be requested in support of the declaration.

Where the child's parent is a national of another country, evidence must be provided in the form of immigration stamps in passports, Garda National Immigration Bureau cards and registration books. The Passport Office calculates the periods of lawful residency on the basis of these proofs. The vast majority of such applications are processed within the same timeframe as all other passport applications. However, delays have arisen in a small number of cases because of uncertainty regarding reckonable residence. Legal advice has been sought in these cases and pending the receipt of this advice, a small number of applications have been put on hold. There are currently five such applications in the system. Once the legal position has been clarified, priority will be given to clearing these applications without further delay.