Ruth Coppinger (Dublin West, Socialist Party)
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595. To ask the Minister for Justice and Equality the position regarding the Ombudsman's investigative report on passports for Irish-born children of non-EEA-EU-Swiss citizens; and the steps her Department have taken and will take following its publication. [33569/14]

Ruth Coppinger (Dublin West, Socialist Party)
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596. To ask the Minister for Justice and Equality the number of children granted citizenship at her discretion due to issues related to a shortfall in reckonable residency of their non-EEA-EU-Swiss parents in the years 2007, 2008, 2009, 2010, 2011, 2012, 2013, and to date in 2014; and following the Ombudsman's investigative report on the matter of passports for Irish-born citizens of non-EEA-EU-Swiss parents, if she will re-examine any cases where citizenship was not granted and exercise her discretion on these cases. [33572/14]

Ruth Coppinger (Dublin West, Socialist Party)
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597. To ask the Minister for Justice and Equality her views on the powers of the Ombudsman to extend over her Department's naturalisation and immigration related functions. [33573/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 595 to 597, inclusive, together.

Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. Where sections 6A and 6B of that Act are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, 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. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child born in the State to Irish citizenship is determined by making an application for an Irish passport on behalf of the child to the Passport Office. However entitlement to Irish citizenship under Section 6(3) is determined by the Citizenship Division of the Irish Naturalisation and Immigration Service, as is the entitlement to Irish citizenship of children born in Northern Ireland of certain foreign nationals.

Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. Since 2010, just over 1,000 such applications have been approved. This ensures that, even where a child born in the State did not have an entitlement to Irish citizenship, there is a path to obtaining Irish citizenship through naturalisation.

In addition, certificates of nationality were issued in respect of 3 cases in 2012, 4 cases in 2013 and 7 cases in 2014. A certificate of nationality issued to a person is evidence that they were, as of the date of issue, an Irish citizen. The cases in question were referred to the Citizenship Division for consideration in respect of children born in the State. I can inform the Deputy that a formal liaison arrangement between the Department of Justice and Equality and the Department of Foreign Affairs, which was agreed earlier this year and has been put in place, will provide a mechanism for dealing with exceptional cases as well as ongoing consultation in relation to citizenship and passport matters in general.

As indicated in the Ombudsman's Report my Department is working with the Department of Jobs Enterprise and Innovation to evaluate the potential for streamlining the system dealing with the employment and immigration status of non-EEA workers. At present two entirely separate application processes are required. This evaluation is at an early stage. It will be informed also by a consultancy project commencing shortly in respect of a business process review of the Employment Permits System.

The question of extending the remit of the Ombudsman is in the first instance a matter for the Minister for Public Expenditure and that remit was significantly extended under the Ombudsman (Amendment) Act 2012. However, after careful consideration of all the issues involved, it was determined that the administration of the law relating to immigration or naturalisation, should not be within the scope of the Ombudsman. Not least in this debate was the fact that there are already a significant number of appeal processes built into the system including Judicial Reviews. That said, the matter will be kept under review. I should also add that the Irish Naturalisation and Immigration Service (INIS) has administrative arrangements in place with the Office to assist and provide information and help resolve any matters brought to its attention.