Bernard Durkan (Kildare North, Fine Gael)
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888. To ask the Minister for Foreign Affairs and Trade if and when passports will issue to persons (details supplied) who were born in Ireland, whose parents are European Union nationals, and who have been living and working in Ireland since 1998; the additional documentation requested in this case, and why; and if he will make a statement on the matter. [38214/15]

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 Department must, therefore, contain evidence that demonstrates that person’s entitlement to Irish citizenship before a passport can issue. The two children in question were born in the State in 2011 and 2012. Their entitlement to Irish citizenship is, therefore, subject to the terms of section 6A of the Irish Nationality and Citizenship Act, 1956, as amended in 2004 (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, as amended, makes particular provision for nationals of EU Member States, who are required to make a declaration (Form A) in respect of 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 original documentary evidence that must verify the actual and continuous residence of the parents in question.

Passport applications for the children concerned were received by the Department last August. These were incomplete and were not therefore finalised to allow passports to issue.

On review of the applications, the Department is satisfied that the submitted evidence shows that both parents have the required residence. However, a fully complete declaration (Form A) by either parent in respect of their residence in Ireland is still needed. All declarations which have been received to date in this case have been incomplete.

A new Form A was sent to the parents on 21 October. This should be completed immediately and returned to the Department. On receipt of this document the processing of these applications will be finalised. If the parents have any further questions on this they may contact the Deputy Passport Officer, Brian Mulligan at 01.673.3247 or email brian.mulligan@dfa.ie