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Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Report and Final Stages (4 Dec 2019)

Jim O'Callaghan: The Minister of State cannot hear Deputy Mattie McGrath, who is saying the Government is killing communities.

Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Report and Final Stages (4 Dec 2019)

Jim O'Callaghan: No.

Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Report and Final Stages (4 Dec 2019)

Jim O'Callaghan: The Minister is aware I submitted an amendment on this matter on Committee Stage. It relates to the maximum stake that can be put in for gaming operations. The law is currently archaic as the maximum stake is currently 6p and the maximum prize is 10 shillings. On Committee Stage the Bill provided for increasing the maximum stake to €10 and the maximum prize to €750. Fianna...

Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Report and Final Stages (4 Dec 2019)

Jim O'Callaghan: I do not need to add anything else in respect of that. My points apply in respect of amendments Nos. 6 to 8, inclusive.

Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Report and Final Stages (4 Dec 2019)

Jim O'Callaghan: The other figures will have to be changed.

Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Report and Final Stages (4 Dec 2019)

Jim O'Callaghan: There is obviously a benefit in putting forward amendments in time to consider them. We have not had a huge amount of time to consider this. The only issue I can see is that we are dealing with conditions that will apply to a lottery licence granted by the District Court. These conditions will apply in cases where the prizes are between €5,000 and €30,000 a week. These are...

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: I thank the witnesses for coming in. It is a very significant legal and political issue, but for Ms DeSouza it is also a very personal issue and I know it is not easy to go to court to deal with a personal issue, so I want to commend Ms DeSouza in respect of that. Can I take Ms DeSouza through the procedure of what happened, because I am conscious that a lot of people may not be aware of...

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: In December 2015 he applied for a residency card under the immigration EEA regulations of 2006. Is that so?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: The reason he said he was entitled to do that was because a family member, Ms DeSouza, was an EEA citizen, namely, an Irish citizen?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: Then when the application was made to the Secretary of State, the Secretary of State refused it, because under the definition of EEA citizen in the regulations, it states one cannot be an EEA citizen if one is also a British citizen-----

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: That decision was made some time in early 2016. Is that correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: Had that been a change of the way the British Secretary of State had operated those applications prior to that? Does Ms DeSouza know?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: Okay. Subsequently Ms DeSouza's husband went to the First-tier Tribunal where he won, and then went to the Upper Tribunal where the Secretary of State won. Is that not correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: It is going to go to the Supreme Court. Is that so?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: The Court of Appeal. I had a look at the decision of the Upper Tribunal and parts of it are curious, other parts indicate, as Professor Harvey said, that there has not been full implementation. If one looks at the Good Friday Agreement, there are two agreements to it - there is the multi-party agreement, and there is the agreement between the two Governments. It is expressly provided in...

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: It is interesting. Being concise about it as well, the non-implementation is a political issue as opposed to a legal issue. Is it not?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: Not that Professor Harvey is but people are asking whether Ms DeSouza will be able to succeed in getting the full implementation of the agreement. That is a political issue. The law needs to be changed in the United Kingdom to give effect to the provisions that are in both the multi-party agreement and the international agreement.

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: The manner in which the agreement was implemented in UK law was primarily through the Northern Ireland Act 1998, and the judgment states that the Northern Ireland Act 1998 does not contain any express statutory provision providing for the terms of the agreement about identification. That is probably correct. Is it not?

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: I would have thought one of the solutions - I think it was argued in the case - would be that section 1 of the British Nationality Act 1981, which has not been amended, needs to be amended. If one looks at the argument made in the court case, Ms DeSouza's lawyers argued that the section should be read as reading that a person born in the UK after commencement shall, if he or she consents to...

Joint Oireachtas Committee on Justice, Defence and Equality: Citizenship Rights and DeSouza Judgment: Discussion (4 Dec 2019)

Jim O'Callaghan: Of the agreement.

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