Michael McGrath (Cork South Central, Fianna Fail)
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Question 299: To ask the Minister for Justice, Equality and Law Reform if persons (details supplied) in County Cork are entitled to an Irish passport under the terms of the Irish Nationality and Citizenship Act 2004. [9204/10]

Dermot Ahern (Louth, Fianna Fail)
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I wish to advise the Deputy that responsibility for the issuing of Irish passports rests with the Department of Foreign Affairs. I am informed that the parents of the children in question were granted permission to remain in the State on 27 September, 2005, under the revised arrangements for the non-EEA parents of children born in Ireland before 1 January, 2005, known as the IBC/05 Scheme.

The eligibility for citizenship of persons born on the island of Ireland on or after 1 January, 2005, is governed by the Irish Nationality and Citizenship Act, 2004. On the basis of the information provided by the Deputy regarding the birth dates of the children in question, it would appear that the residency criteria (minimum 3 out of 4 years) as set out in the relevant statutory provision has not been satisfied and thus the children referred to are not currently entitled to Irish citizenship.