Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Amendments Nos. 56 to 58, inclusive, are unnecessary. Sometimes adding more words to a statutory provision has the effect of narrowing the meaning of that provision. There is a general assumption that the more words one uses, the broader the definition becomes whereas, in fact, it can become narrower. I am concerned that were we to add to section 3A the words suggested by Deputy Ó Laoghaire, it could narrow the provision. In any event, the amendments are unnecessary as they replicate what is there already. Deputy Ó Laoghaire wants to include at the end of section 3A(b) the words "flagrant denial of a fair trial, serious forms of sexual and gender-based violence and/or female genital mutilation". Serious forms of sexual and gender-based violence and female genital mutilation are recognised by all of us as torture or inhuman or degrading treatment or punishment and, as such, they are already covered. The flagrant denial of a fair trial is covered by the proposed section 3A(a) which refers to threats to the life or freedom of a person. As such, there is no necessity to amend section 88 as suggested in amendment No. 57.

Amendment No. 58 seeks to provide that the "Minister shall give heightened consideration to children in the context of non-refoulement, whereby actions of the State must be taken in accordance with the best interests of the child". I am concerned about including in legislation a requirement for a Minister to give heightened consideration to a particular aspect of it. That implies that there are different levels of consideration to be given by a Minister. The Minister, Deputy Flanagan, might be asked how different his consideration of a particular application was to the heightened consideration he was required to give it. It does not create a reality. When the Minister is carrying out his statutory functions, he should give consideration to matters. I assume that every Minister required by statute to give a matter consideration gives that matter serious, or what could be termed "heightened", consideration. If we include in the Statute Book requirements that Ministers undertake different levels of consideration, we will get into significant trouble because of provisions it will be claimed require Ministers to give slight consideration to certain matters. That would probably become the defence of the Executive in due course. I understand what Deputy Ó Laoghaire is trying to do but it is not necessary. For that reason, I do not support the three amendments being put forward by Sinn Féin.

Deputy Ó Laoghaire raises a very important point about the status of Irish citizens living in Northern Ireland. We had a very good hearing at the justice committee recently on that particular issue. It is a matter of very serious concern and it underpins the agreement reached some 21 years ago in Belfast when it was recognised that people in Northern Ireland who saw themselves as having an allegiance to a unified Ireland or, indeed, the Southern State, were entitled to do so. That was recognised in the establishment of new institutions as well as by way of a recognition that those people could achieve their self-determination if the majority of people in Northern Ireland wished to do so. Similarly, an arrangement was made whereby the unionist population of Northern Ireland saw the Southern State withdraw its territorial claim. At the same time, unionists in Northern Ireland recognised that if the majority of people there wished to join a unified island, they could do so. All of that was premised on a recognition by both sides that they were members of the European Union and shared the great benefits of that membership. In fact, the European Union brought people on this island together to a greater extent than any other entity on the island since we gained independence.

It was a major success in bringing people together on the island.

Although Irish citizens in Northern Ireland have the benefit of their EU citizenship through their Irish citizenship, there is a difference between residing and not residing in a European Union country. When Irish citizens from Northern Ireland travel abroad within Europe on an Irish passport they have all the benefits of European Union membership in the same way as somebody from the South who travels abroad, but it is different for them when they live in Northern Ireland. We have been unable to tease out the real consequences for Irish citizens living in Northern Ireland. The justice committee recommended that a forum be established to examine the rights of Irish citizens in Northern Ireland and how their EU rights will necessarily be affected. Obviously we should do as much as possible to ensure that Irish citizens living outside the European Union in Northern Ireland have the full benefits of membership of the EU.

It is also important to point out that a significant number of people living in Northern Ireland who do not have Irish citizenship and carry British passports also wish to retain the benefits of membership of the European Union. The failure to remain in membership of the EU will have a transformative effect on the politics of Northern Ireland. All of us should try to get away from viewing the North of Ireland in terms of green and orange. As is the case in other parts of the world, politics in Northern Ireland is changing. Old tribal loyalties are not retained and people are becoming much more cosmopolitan in their political choices. As Northern Ireland experiences the downside of no longer being part of the European Union, people's political choices in Northern Ireland are going to change. We should allow that to evolve while at the same time trying to ensure that Irish citizens there have their rights fully respected.

See this speech in context