Catherine Murphy (Kildare North, Social Democrats)
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150. To ask the Tánaiste and Minister for Justice and Equality the reasoning behind her proposed amendment to the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 which would reduce the reckonable residence requirements for minors seeking to be naturalised from five to three years; if her Department will consider reducing the requirements further; and the reason that three years was chosen as the cut-off point. [53681/22]

Catherine Murphy (Kildare North, Social Democrats)
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151. To ask the Tánaiste and Minister for Justice and Equality if she intends to broaden the categories of children entitled to naturalisation under the Irish Nationality and Citizenship Act 1956; and if so, when she intends to introduce such an amendment. [53682/22]

Catherine Murphy (Kildare North, Social Democrats)
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153. To ask the Tánaiste and Minister for Justice and Equality if the attention of her Department has been drawn to the fact that children cannot currently make an application for naturalisation independent of their parents or guardians; if her Department has received legal advice in relation to whether this is in contravention of Article 42.A of the Constitution and the UN Convention on the Rights of the Child; and if she will provide the details of any plans that her Department has to ensure children can hold independent residency permits, as is in operation in Germany and Canada. [53684/22]

Catherine Murphy (Kildare North, Social Democrats)
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154. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that the Irish Naturalisation and Immigration Service has been refusing applications for naturalisation signed by social workers on behalf of children in their care; and if her Department has taken steps to amend this practice. [53685/22]

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 150, 151, 153 and 154 together.

Currently, section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an application for a certificate of naturalisation may be made on behalf of a minor born in the State. One of the conditions for naturalisation is that the person who makes the application on the minor’s behalf, must be a parent or guardian of the minor or a person in loco parentis to the minor. Prior to making any application the child must have had one year’s continuous residence in the State immediately before the date of the application and four years residence during the eight years preceding that.

On 13 September 2022, I published the Courts and Civil Law (Miscellaneous Provisions) Bill 2022, which has recently completed Second Stage in Dáil Éireann. As I informed the House at Second Stage, I intend to bring forward Committee Stage amendments to this Bill that will amend the Irish Nationality and Citizenship Act 1956.

The Government believes that providing a shorter pathway to citizenship for children born in Ireland to non-Irish citizen is the right thing to do.

My officials continue to work on the drafting of amendments to the 1956 Act to reduce from five to three the number of years' residence required for children born in the State to become eligible for citizenship by naturalisation. This will allow children who are currently on a pathway to Irish citizenship to attain this status at an earlier stage. With this proposed amendment, Ireland will be one of the most generous in the EU in terms of the years of residence required for foreign national children born here to gain citizenship by naturalisation.

I am aware of difficulties that have arisen in cases where applications for naturalisation have been sought to be made in relation to children in the care of the Child and Family Agency (Tusla). The amendments will make clear provision for applications in cases where a care order under the Child Care Act 1991 has been made in relation to a child.

I look forward to further debate on these amendments as the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 progresses through the Houses of the Oireachtas.

Catherine Murphy (Kildare North, Social Democrats)
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152. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the UN Committee on the Rights of the Child's call in 2016 for the Government to provide a clear and accessible legal framework to regularise the status of children and their families in irregular migration situations; if her Department plans to create such a legal framework; and if so, the details and timelines for the plan. [53683/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, when the Government formed we committed in the Programme for Government to create new pathways for long-term undocumented people and their dependents who must meet specified criteria to regularise their immigration status.

I launched the scheme for the Regularisation of Long Term Undocumented Migrants earlier this year for a 6 month period and the scheme closed for applicants on 31 July 2022.

This once in a generation scheme was designed to give long-term undocumented people without a current permission to remain in the State the chance to regularise their status, access the labour market and begin their path to citizenship. This scheme was in keeping with the 2016 recommendation by the UN Committee on the Rights of the Child for the Government to provide a clear and accessible legal framework to regularise the status of children and their families in irregular migration situations.

My Department had significant engagement with the NGOs in this sector before and during the timeframe for applications and also widely advertised the scheme in advance of and during the 6 month window it was open. Additionally, a targeted media campaign was launched during the final weeks of the scheme.

All successful applicants to the scheme, over the age of 16, will be granted a Stamp 4 immigration permission. A Stamp 4 permission provides that the holder can work without permit and set up a trade or business in the State for a specified period, subject to conditions. Any period spent on a Stamp 4 permission is considered as reckonable residence when applying for citizenship by way of naturalisation.

Each received application is being assessed individually in accordance with the published criteria, available here: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf

My Department recorded 6,548 applications in respect of 8,311 people under the scheme. As of 24 October 2022, the number of decisions that have issued to applicants is:

All other applications continued to be processed and processing times may vary depending on the complexity of the application. Applications where there is an existing deportation order will require additional processing.

However, if a person remains resident in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status. My Department examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.