Patrick O'Donovan (Limerick, Fine Gael)
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735. To ask the Minister for Foreign Affairs and Trade if the child of a couple who was born here in 2010, the couple having arrived from Romania in November 2007, is entitled to an Irish passport; and if he will make a statement on the matter. [11215/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Passports Act 2008 provides, among other things, that only Irish citizens are entitled to be issued with Irish passports. Each application received by the Passport Service must, therefore, contain relevant evidence that demonstrates that person's entitlement to Irish citizenship before a passport can issue to him/her.

The child in question was born in the State in 2010. His entitlement to Irish citizenship is, therefore, subject to the terms of section 6A of the Irish Nationality and Citizenship Act 1956, as amended (the 1956 Act). This provides that a person, born in the State on or after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction at the time of that person's birth, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years preceding that person's birth.

Moreover, the 1956 Act makes particular provision for nationals of EU Member States, who may make a declaration concerning their residence in the island of Ireland within the four years preceding their children's birth. In such cases, the EU national is regarded as having resided in the island of Ireland for the declared periods for the purposes of the 1956 Act, unless the contrary is proved. These declarations must be supported in passport applications by documentary evidence that must verify the actual and continuous residence of the parents in question.

If the child's parents wish to proceed with a passport application for their child, the following documentation is required:

(1) a completed and witnessed application form;

(2) four photographs of the child, two of which must be witnessed;

(3) the child's long form birth certificate;

(4) a completed declaration by one of the parents. This can be done on Form A which can be downloaded from the Department's website ;

(5) the passport or national ID card of the parent who is making the declaration on Form A; and

(6) documentary evidence in respect of the declaring parent's residence in the State that relates to the four year period prior to the child's date of birth. The types of evidence, that is acceptable to the Department, are tax documents, bank statements, social welfare benefit payments, work permits, rent leases etc. Photocopies of these documents are not acceptable.