Post
by opengl » Thu Feb 26, 2009 12:07 pm
An interesting debate in Dail about the Citizenship delays:
44. Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform his plans to address the delay in processing a citizenship application; and if he will make a statement on the matter. [7674/09]
Deputy Dermot Ahern: There are 16,853 applications for naturalisation with the citizenship division of my Department that are still awaiting a decision. This is primarily due to the significant increase in the volume of applications received in the past number of years. In 2002, there were 3,500 applications, whereas in 2008 the number of such applications was 10,885. This upward trend seems set to continue and it is anticipated that applications for naturalisation will increase to 14,000 this year.
Following the decentralisation of the citizenship division to Tipperary town, substantially increased resources have been made available to it to reduce backlogs and provide a better quality service to all applicants. This investment has also had a positive impact on processing times. The average processing time from application to decision for the generality of valid applications for certificates of naturalisation is 22 months, down from 30 months. It is expected that this will progressively improve over the coming year to an average timeframe of 18 months, which I regard as a reasonable target. In fact, the division is currently commencing further processing of applications received in mid-2007.
It would be useful for me to set out for the House the procedures employed to assess applications for naturalisation. Upon receipt, an initial examination of each application is carried out to determine that the application form is completed fully and correctly and that all requested supporting documentation has been submitted. Passports and other documentation are then examined in detail and inquiries with the Garda National Immigration Bureau also are necessary to determine if the applicant meets the statutory residency criteria as set out in the Irish Nationality and Citizenship Act 1956, as amended. A significant number of applications are initially found to be invalid for a variety of reasons and these are now being dealt with and returned to the applicant within a week.
Additional information not given on the floor of the House
Further processing takes place at a later stage and involves assessing an applicant’s financial status in respect of his or her ability to support himself or herself in the State. Inquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. Investigations are also undertaken to determine if the applicant can be considered to be of good character. Depending on the complexity of any given case, these processes can take a lengthy time to complete. Once all inquiries are completed, the file is referred to me for a decision.
The Deputy will appreciate that a certificate of naturalisation is an exceptional and important document that facilitates a non-national becoming a citizen of Ireland. Therefore, there is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria. The procedures involved have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process.
Deputy Denis Naughten: The Minister might come back to me with the number deemed invalidated at the start of that process.
Why has the information on the Department’s INIS website not been updated to take account of the Irish Nationality and Citizenship Act 2004? The website, which was launched as a one-stop shop in 2007, is supposed to give people information on how to go about applying for citizenship but it does not even include the changes that came into force as a result of the Irish Nationality and Citizenship Act 2004. In this era of e-Government, is it acceptable that such information is not available on the website? Is it acceptable that while the website was launched in 2007, the information had not been revised and has not been revised subsequently?
Deputy Dermot Ahern: That has not been brought to my attention heretofore. I will have it changed as quickly as possible. However, all the applicants know the information required, and they would be told clearly on application. As I stated, ultimately we must get the checks from the Garda, the Department of Social and Family Affairs and from other agencies, and this normally creates the delay in the application.
At the same time people must accept that citizenship is not something that can be given out willy-nilly. The giving of citizenship of our country to somebody is a privilege. We must ensure that these people have loyalty and fidelity to, and are not a burden on, the State when they become naturalised. It is only fair. Any examination of systems in other country, I would hazard a guess, would show the process takes even longer than in Ireland.
On the investment in Tipperary, I visited the decentralised office in Tipperary which has new technology and software available. They are able to make the decisions, and to return queries to persons who have applied, ever more quickly.
Deputy Denis Naughten: I put it to the Minister that the basic information of which we speak is like the third secret of Fatima. The reason I came across this information is because an applicant, married to an Irish citizen, who should have been able to apply did not know that they were legally entitled to apply for citizenship based on the Department’s website. Is it the case that the vast majority of these applicants numbering nearly 17,000 are persons who have contributed to the economy, who are married to Irish citizens or who are supporting critical jobs in the economy, mainly within the health service?
Is it acceptable that information on the Department’s website that should have been revised nearly five years ago has not been revised? Does the Minister believe that is part of the reason so many of these applications are rejected in the first instance?
Deputy Dermot Ahern: I do not accept that. From my dealings in my constituency on naturalisation applications, I am aware that people generally know what is required. It is not rocket science. They need an application and they need the supporting documents including passports and documentation on their legal stay while in Ireland.
The issue of marriages is a complex area. It is one of the reasons there are delays. As I stated to Deputy Naughten and others who have attended the Committee Stage debate on the immigration Bill, there is significant fraud with marriages of convenience in this country, whether we like it or not, and that is one of the reasons the authorities, particularly the Garda and the Department, must be extremely vigilant on the type of information being portrayed to ensure that genuine cases get through. We should stamp out the practice where people, in effect, marry out of convenience in order to claim Irish citizenship or residency, and we are working with our EU colleagues in that respect.
Deputy Charles Flanagan: Given what the Minister stated in his reply, and having regard to the fact that queries are dealt with at the beginning of the application within a matter of months and the documents are returned as being invalid, would he accept that the vast majority of files awaiting approval go through? If so, and in view of what Deputy Naughten stated about those working and living in the State, many of them married to Irish citizens, would the Minister consider according those persons voting rights,-----
An Leas-Cheann Comhairle: It is a different question, I am afraid.
Deputy Charles Flanagan: -----particularly those from non-EU countries because those from EU countries may vote in the European elections in any event?
An Leas-Cheann Comhairle: The Minister does not have responsibility for voting. A brief final reply on the other matter.
Deputy Dermot Ahern: I am not sure what the other matter is.
Deputy Charles Flanagan: Voting rights for applicants.
An Leas-Cheann Comhairle: No. That is not the Minister’s responsibility.
Deputy James Bannon asked the Minister for Justice, Equality and Law Reform his plans to review the eligibility criteria for a citizenship application; and if he will make a statement on the matter. [7671/09]
Deputy Dermot Ahern: A general review of the framework for the acquisition of Irish citizenship is underway in my Department. This will be progressed in consultation with the Office of the Minister for Integration. Among the issues being considered as part of that exercise is the general question of whether current eligibility requirements are appropriate and also whether language and integration requirements should apply to naturalisation applications. In addition, it is necessary to take account of the proposals contained in the Immigration, Residence and Protection Bill 2008, particularly those regarding long-term residence.
In conducting a review of our citizenship requirements, it must be remembered that Irish citizenship is a great privilege. It cannot and should not be simply a matter of calculating periods of time in the State. On the contrary, it should be seen as a major and mutual commitment by the prospective citizen and the State. It is entirely appropriate in those circumstances that the State should require that the applicant demonstrate a real commitment to the nation. It is with this overarching principle in mind that the review is being conducted.
Deputy Denis Naughten: I accept the Minister’s point that citizenship is a great honour and should be treated in that manner. As I said, however, when we debated the issue of citizenship on Committee Stage of the Immigration, Residence and Protection Bill, there is no reliable information available to the public at the moment. It is like the third secret of Fatima, trying to find out what information is required and what criteria are being judged in considering citizenship applications. I gave the Minister one example concerning legislation that was enacted here in 2004, but which still has not been updated on the website. Is it not the case that many of the 30% of applications that are awaiting a response from the applicant could be dealt with far more expeditiously if that information was made available in the first instance? The current system is far too obscure in providing basic rules and information as to what documentation is required from a potential applicant. Is it not the case that we have people who want to contribute to our community and society, yet we are giving them the administrative two fingers as regards providing them with the criteria to be considered?
Deputy Dermot Ahern: That is not the case. Every case is different and there are different requirements in every single case. No two cases are the same. The conditions are well laid out in the legislation and are easily accessible.
Deputy Denis Naughten: That is not true. They are not easily accessible.
Deputy Dermot Ahern: Ultimately, the Minister may, at his absolute discretion, grant an application for a certificate of naturalisation, provided that certain statutory conditions are met. The conditions are simple and include being of full age, good character, having a continuous one-year period of residence in the State immediately before the application, and intending in good faith to reside in the State after naturalisation. Those are the general conditions and there are more specific ones depending on what category the person falls into.
Deputy Denis Naughten: It is causing huge problems.
