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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of European Convention on Human Rights (compensation for delays in court proceedings) Bill 2019: Discussion (16 Jan 2019)

Jim O'Callaghan: In regard to the scheme, is it intended or do we know whether the assessor will adjudicate on these cases in public or private?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of European Convention on Human Rights (compensation for delays in court proceedings) Bill 2019: Discussion (16 Jan 2019)

Jim O'Callaghan: To answer the question raised by Deputy Wallace, one of the benefits, from the Government's point of view, of establishing an assessor system and a separate office, if the matter is to be dealt with in private, is that it will not be exposed to the embarrassment of significant delays being exposed in public in the Circuit Court. The delegates do not have to comment on the matter. I...

Irish Nationality and Citizenship (Restoration of Birthright Citizenship) Bill 2017: Second Stage [Private Members] (17 Jan 2019)

Jim O'Callaghan: I welcome the opportunity to speak on the issue of migration. I do not think we talk about it enough in this House. It is an enormous issue around the world. This will be known as the age of migration. The extent of forced migration and labour migration that is taking place around the world is significant. I read recently that since 2015, over 3 million people have been forced out of...

Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Bill 2018: Second Stage (22 Jan 2019)

Jim O'Callaghan: I propose to share time with Deputy Mary Butler.

Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Bill 2018: Second Stage (22 Jan 2019)

Jim O'Callaghan: Fianna Fáil supports this legislation. It is important and it will considerably ease the difficult circumstances in which Irish people can find themselves abroad, and that European Union citizens can find themselves in if convicted of an offence in Ireland. As the Minister of State indicates, the purpose of the legislation is to ensure that if a person from another European Union...

Control of Economic Activity (Occupied Territories) Bill 2018 [Seanad]: Second Stage [Private Members] (23 Jan 2019)

Jim O'Callaghan: I do not wish to repeat anything my colleague has said. I want to address an issue that is relevant to this issue as well as many other Private Members' Bills. If this Bill passes Second Stage in Dáil Éireann, it is not the case that it becomes law. It necessarily requires that the Bill goes on to Committee Stage, Report Stage and Final Stage, before being promulgated by the...

Written Answers — Department of Justice and Equality: Legislative Process (23 Jan 2019)

Jim O'Callaghan: 108. To ask the Tánaiste and Minister for Justice and Equality when the courts and civil law miscellaneous provisions Bill will be introduced and in particular the provision stating that a certificate under the licensing Acts shall not be granted unless a court is satisfied that permission for development of the premises for the intended use to which the application relates has been...

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: I thank the witnesses for coming before us. It is very interesting to listen to the witness speak on this complicated issue. Obviously at the time of the Brexit referendum, very little attention was given to the impact it would have upon Ireland and in particular on Northern Ireland. Similarly, notwithstanding their efforts, I think insufficient attention has been given to the impact...

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Anyone, maybe Mr. Gormally.

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Does a person have to do anything to invoke citizenship under the British Nationality Act 1981 or is it automatically assumed that someone is British because he is she was born in the UK?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: That Act predated the agreement in 1998 and the point being made is that agreement recognises the political entitlement of every person in Northern Ireland to in effect choose citizenship.

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: The point being made by Senator Ó Donnghaile and others is presumably that when Brexit occurs they will have forced upon them British citizenship, which they do not wish to have, for the purpose of effecting their rights to work, of residency and all basic rights.

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Mr. Gormally's point is that one of the options may be that Irish citizens in Northern Ireland would, or may, have to apply for the settled status that has been identified by the British Government. Is that the point he was making?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: People need to know the source of their human rights. The witnesses are experts in human rights but when it comes to identifying the rights they enjoy, for example, I know mine come from the Constitution, the EU Charter, the Convention on Human Rights and Irish statutory law but the rights of a person of Irish citizenship in Northern Ireland after Brexit do not emanate from Europe. They may...

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Is Professor Harvey referring to this jurisdiction?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Is the failure to implement the bill of rights the major defect or are there statutory failures?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: What happened to it? Did they get bogged down in politics?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: What would Mr. Allamby say about the argument that people in Northern Ireland will still have the benefit of the European Convention on Human Rights and in that respect their rights will be protected in the same way as in the charter, even though it provides a little bit more?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Can I ask Ms Logan if there is anything the State here should be doing to try to protect and vindicate the rights of persons in respect of their citizenship in Northern Ireland?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Does Ms Logan consider that after Brexit, a person resident in Northern Ireland with Irish citizenship could challenge this State on the basis that this State, of which he or she is a citizen, has failed to protect his or her rights in the European context?

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