Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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264. To ask the Minister for Public Expenditure and Reform if it is mandatory to hold Irish citizenship in order to apply and be interviewed for a permanent executive officer or administrative officer position in the public service in situations in which a person has applied for Irish citizenship and is currently working under a stamp 4 visa on a temporary contract in the public service; and if he will make a statement on the matter. [17037/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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Posts in the Irish Civil Service are generally open to suitably qualified candidates who are nationals of an EU Member State, including Ireland, or the European Economic Area (EEA).  Such individuals have the right under the EU Treaties to reside and take up employment in any EEA Member State.  Non-EEA citizens do not benefit from these rights and do not automatically qualify to compete for these roles.

Section 36 of the Employment Equality Act, 1998 provides that in relation the holding of office under or in the service of the State, to include Civil Service employment, the imposition of a requirement in relation to citizenship is lawful.

From time to time, professional or specialist posts in the civil service are advertised where, reflecting specific requirements for particular expertise or skills, a more flexible approach is taken and the rules of the competition state that applications from non-EEA citizens are welcome. However, any such candidates are advised that even if successful at interview, an appointment to the post would be contingent on the securing of a work permit.

Stamp 4 denotes and evidences a category of immigration permission to remain in the State (in accordance with the Immigration Act, 2004) that permits the holder to enter employment without the requirement to hold an employment permit issued by the Department of Jobs Enterprise and Innovation.  However, Stamp 4 does not confer Irish citizenship on the holder so does not confer eligibility to compete for posts in the Civil Service.