Billy Timmins (Wicklow, Fine Gael)
Link to this: Individually | In context

Question 384: To ask the Minister for Foreign Affairs the position regarding a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [38477/10]

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context

The Passports Act 2008 requires that before issuing a passport to a person, the Minister for Foreign Affairs shall be satisfied that the person is an Irish citizen and that in the case of children full parental or guardian consent is provided. Documentary proof in respect of identity and entitlement to citizenship are required for 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. Birth certificates are among the standard documents that are required for applications that involve children and persons, aged 18 and over the age, who are first–time applicants. These certificates are critical to the passport process in the following ways:

(i) Each certificate confirms and verifies the applicant's personal details such as his/her date and place of birth which appear on that person's passport.

(ii) They help to demonstrate the person's entitlement to Irish citizenship which is a prerequisite for passport issue; and

(iii) Details of parents are stated on these certificates. This is important to the Passport Service in ensuring that the full parental consent to the issue of a passport to a minor is provided.

For the reasons above, birth certificates are and remain a basis requirement for passport applications.

In terms of this case, I can confirm that no passport application has been registered with the Passport Service for the child. It therefore remains open to the child's mother to formally apply for a passport on her behalf. However, it should be noted that a long form birth certificate will be required. Any difficulties that may be encountered by the child's mother in registering her child's birth in Ireland is a matter that she will have to pursue directly with the General Registrar's Office. Their address and contact details as follows:

Office of the Registrar General

Civil Registration Service

Government Offices

Convent Road

Roscommon

LoCall: 1.890.200311 Website: www.groireland.ie

From the details supplied, it should be noted that the child's entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act, 2004 ("the 2004 Act"). Section 6A of the 2004 Act provides that persons born in the State on or after 1 January, 2005, where neither parent is an Irish or a British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction, may claim citizenship by birth in the State (and thereby establish eligibility for a passport) only where the parent has been lawfully resident in the State for 3 of the 4 years preceding their birth.

At the time of the birth of the person concerned, her mother was a Polish national. Section 6B(2) of the 2004 Act makes particular provision for parents from EU Member States whereby such nationals may make a declaration in a prescribed form concerning their residence in the island of Ireland within the 4 years preceding the child's birth. This declaration is supported by the submission of the parent's EU passport and by documentary evidence of that parent's residence in Ireland. That non-Irish citizen parent will then be regarded as having resided in the island of Ireland for the declared periods for the purposes of s6A, unless the contrary is proved. This declaration and the supporting documentation in relation to the mother's residence will be required in any future passport application that is made for this child on this basis.