Irish Nationality and Citizenship Act 2004

Amendment of section 6 of Principal Act.

3.—Section 6 (inserted by section 3(1) of the Act of 2001) of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) Subject to section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004), every person born in the island of Ireland is entitled to be an Irish citizen.”,

(b) the substitution of the following paragraph for paragraph (a) of subsection (2):

“(a) Subject to subsection (5), a person who is entitled under subsection (1) to be an Irish citizen shall be an Irish citizen from the date of his or her birth if—

(i) he or she does any act that only an Irish citizen is entitled to do, or

(ii) in the case of a person who is not of full age or who is suffering from a mental incapacity, any act is done on his or her behalf that only an Irish citizen is entitled to do.”,

(c) the deletion of subsection (4), and

(d) the insertion of the following subsection:

“(6) In this section ‘person’ does not include a person born in the island of Ireland on or after the commencement of the Irish Nationality and Citizenship Act 2004—

(a) neither of whose parents was at the time of the person's birth—

(i) an Irish citizen or entitled to be an Irish citizen,

(ii) a British citizen,

(iii) a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004), or

(iv) a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,

and

(b) at least one of whose parents was at that time entitled to diplomatic immunity in the State.”.