Bernard Durkan (Kildare North, Fine Gael)
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Question 400: To ask the Minister for Foreign Affairs if he will recalculate dates for reckonable residence to date to qualify for continuous residency in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [28054/10]

Micheál Martin (Cork South Central, Fianna Fail)
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The Passports Act, 2008 requires that a person must be an Irish citizen before a passport can be issued to him/her.

Under the Irish Nationality and Citizenship Act, 2004, persons born in the State after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside without restriction in the State or in Northern Ireland, may claim citizenship by birth in the State (and thereby establish eligibility for a passport) only where a parent has been lawfully resident in the State for 3 years of the 4 years preceding their birth.

In the case of applications for passports arising from the terms of the 2004 Act, it is the practice of the Passport Office to seek evidence of lawful residence in the State by one or both parents. The types of evidence considered are immigration stamps in passports and Garda National Immigration Bureau cards and registration books.

A passport application was submitted for a child of the person named on 13 August, 2009 to the Passport Office in Balbriggan (PPOB). The evidence submitted showed that the child's mother did not have the required amount of reckonable residence in the four years prior to his children's birth. Accordingly, the passport application could not be approved.

On 19 August 2009 the Passport Service wrote to the mother seeking additional information which might confirm the level of necessary reckonable residence. If this new evidence of can be submitted the passport application can be re-examined.

Noel Ahern (Dublin North West, Fianna Fail)
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Question 401: To ask the Minister for Foreign Affairs the position regarding an application for leave to remain in the State in the case of persons (details supplied) in Dublin 5; if their children can obtain Irish passports without taking out Irish citizenship; if such provision exists; and if he will make a statement on the matter. [28090/10]

Micheál Martin (Cork South Central, Fianna Fail)
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The position regarding leave to remain is a matter for the Minister for Justice and Law Reform.

The Passports Act, 2008 requires that a person must be an Irish citizen before a passport can be issued to him/her.

The children in question were born in Ireland in 2005. Under the Irish Nationality and Citizenship Act, 2004, persons born in the State after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside without restriction in the State or in Northern Ireland, may claim citizenship by birth in the State (and thereby establish eligibility for a passport) only where a parent has been lawfully resident in the State for 3 years of the 4 years preceding their birth.

In the case of applications for passports arising from the terms of the 2004 Act, it is the practice of the Passport Office to seek evidence of lawful residence in the State by one or both parents. The types of evidence considered are immigration stamps in passports and Garda National Immigration Bureau cards and registration books.

Passports applications were submitted for both children on 26 January, 2009 to the Passport Office in Balbriggan (PPOB). The evidence submitted showed that the child's father did not have the required amount of reckonable residence in the four years prior to his children's birth. Accordingly, these passport applications could not be approved.

The PPOB wrote to the applicants' parents on 4 February, 2009 to advise them of its decision and the reasons behind it. They were requested to furnish further evidence of the claimed period of three years reckonable residence in respect of the father. A reply to this letter was received by the PPOB on 24 September, 2009. Unfortunately, this response failed to demonstrate the children's entitlement to Irish citizenship. These passport applications could not, therefore, be finalised.

The PPOB wrote to the applicants' parents again on 25 September, 2009 to advise them of its decision and the need to submit additional evidence of the father's reckonable residence. This letter also suggested that any evidence of reckonable residence in respect of the applicants' mother could also be submitted. No reply to this letter has been received to date by the Department from the parents.

These applications are still open to the parents to pursue. If the required evidence of reckonable residence is submitted, these applications can be finalised for passport issue. Otherwise, the applications will have to be cancelled and a refund of the paid passport fees will be made.