Written answers

Tuesday, 8 October 2024

Department of Justice and Equality

Ministerial Responsibilities

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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376. To ask the Tánaiste and Minister for Justice and Equality her views on her use of her powers under section 16 of the Irish Nationality and Citizenship Act 1956 (as amended); and if she will make a statement on the matter. [40175/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted. Section 16 of the Act gives discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).

Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation that renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.

The Deputy should be aware that there is no automatic right or entitlement to have any of the statutory conditions waived, even where the applicant comes within the certain circumstances defined.

Officials in my Department are in the process of finalising guidelines, which will provide clarity to both applicants and decision-makers on what factors may be considered when deciding whether to waive such naturalisation conditions under section 16(1)(a) of the Act. These new guidelines are being developed in the interests of fair and transparent procedures and comprehensive decision making. Details of the new guidelines will be made publicly available once they have been finalised.

Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/

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