Bernard Durkan (Kildare North, Fine Gael)
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Question 183: To ask the Minister for Justice, Equality and Law Reform the position regarding citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [43872/09]

Dermot Ahern (Louth, Fianna Fail)
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Section 6A of the Act, as inserted by section 4 of the Irish Nationality and Citizenship Act 2004 provides that a person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. The section does not apply to certain persons including those born to parents one of whom is at the time of the persons birth an Irish citizen, British citizen or a person entitled to reside without restriction. For the purpose of calculating reckonable residence under section 6A certain residence is excluded from consideration including unlawful residence, residence covered by a permission granted under Section 4 of the Immigration Act, 2004 for the purpose of study and residence covered by a provisional permission granted pending determination of an asylum application.

In determining if a child who has applied for a passport to the Passport Office of the Department of Foreign Affairs on the basis that they have an entitlement to Irish citizenship is entitled to a passport, the Passport Office makes an assessment of the parent's reckonable residency through an examination of their permission stamps. If the parents do not have sufficient residency and the child does not have an entitlement to citizenship, then it will be open to the parent of the child to make an application for a certificate of naturalisation on their behalf under section 15 of the 1956 Act, when the child has 5 years reckonable residency in the State.