Denis Naughten (Roscommon-South Leitrim, Independent)
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445. To ask the Minister for Foreign Affairs and Trade the reason a passport has been issued to one person but not to another (details supplied); and if he will make a statement on the matter. [41667/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Passports Act, 2008 (the Act) 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 2013. 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 2004 amendment allows nationals of EU Member States 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 proven. These declarations must be supported in passport applications for children by original documentary evidence that must verify the actual and continuous residence of the parents in question.

A passport application for the older of the two siblings was received in August 2011. The applicant’s father submitted a fully complete Form A in which he declared that he had been resident in the State since May 2004. The evidence submitted, comprising tax documents, showed that he had the required residence within the four year period preceding this child’s date of birth (i.e. March 2007 to March 2011) to demonstrate his child’s entitlement to Irish citizenship. In view of this and given that all other aspects of the application were compliant with the Act, a passport was issued.

In the case of the youngest child, a passport application was submitted to the Department by her mother last July. This application differs from the oldest child in the following respects:

- This child was born in April 2013. The four year period of evidence of residence of a parent extends from April 2009 to April 2013 which is a later timeframe to that of the older child; and

- The submitted Form A was completed by the applicant’s mother. The evidence required of her residence in State is therefore different from that of the father in the case of the older child.

To verify evidence of residence within the review period of April 2009 to April 2013, the applicant’s mother has submitted the following documents:

- Correspondence from Roscommon County Council, dated from 22 February 2010 to 18 May 2012, in regard to the allocation and rental of council property to her; and

- Correspondence from the Department of Social Protection, dated 4 March 2010 regarding the payment of benefits.

The evidence above is insufficient to demonstrate the youngest child’s entitlement to Irish citizenship. The Department has been in direct contact with the applicant’s mother to inform her of this position and to outline the outstanding requirements to finalise this child’s application to passport issue. She has two options in this regard:

- Provide further documentary evidence (tax certificates, utility bills, bank statements etc) in respect of residence from April 2009 to February 2010 and/or May 2012 to April 2013; or

- A Form A is provided by the child’s father and similar documentary evidence (as in (a) above) in respect of his residence in the State between April 2009 and April 2013 is submitted.

Once the required evidence of residence is submitted the application process will be completed in a timely manner.