Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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209. To ask the Minister for Foreign Affairs and Trade the procedures and policies that have been introduced in passport offices, in the wake of the decision of the Supreme Court in a case (details supplied) which clarified the interpretation of reckonable residence in the State, to ensure that children who are Irish citizens are able to access Irish passports; and if he will make a statement on the matter. [38539/15]

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 Supreme Court decision in question dealt with a child born to non-EU parents in 2008. His entitlement to Irish citizenship is subject to the terms of section 6A of the Irish Nationality and Citizenship Act, 1956, as amended (the 1956 Act).

The 1956 Act was amended in 2004 to provide 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.

Prior to the Supreme Court decision, this Department only accepted as evidence of lawful residence in the State the following items that are issued by Garda National Immigration Bureau (GNIB)

- permissions to remain in the State which are endorsed onto the passport of a non-EU parent;

- the parent’s registration books or cards; or

- a letter from GNIB that details a parent’s lawful residence in the State.

Following the Supreme Court decision two changes were made to passport practices which were:

- certain letters from the Department of Justice and Equality and

- Law Reform, acting on behalf of the Minister, could be regarded as a permission to remain in the State. This could allow for the inclusion of any residence between the date of that letter and the issue date of the subsequent permission from GNIB for the purposes of section 6A of the 1956 Act; and

- liaison officers were appointed in both Departments to deal with any passport or citizenship policy matters that may arise from this decision or any other related issue.

This framework has been operating effectively for over a year.