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Seanad: Order of Business. (17 Dec 2002)

Joanna Tuffy: I support Senator Brian Hayes's point regarding the Order of Business. It is unsatisfactory that two important Bills are being dealt with in this manner. I welcome the Government's introduction of the Domestic Violence (Amendment) Bill, 2002 which addresses the issues raised by the Supreme Court. It is important that this timely legislation should not be rushed through the Oireachtas.

Seanad: Order of Business. (17 Dec 2002)

Joanna Tuffy: I am opposed to its abolition.

Seanad: Order of Business. (17 Dec 2002)

Joanna Tuffy: I know, but the issue has been raised.

Seanad: Order of Business. (17 Dec 2002)

Joanna Tuffy: It is a smokescreen for lack of investment in local government where the real vesting of power lies.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed). (17 Dec 2002)

Joanna Tuffy: I thank the Minister of State for coming here for the debate. I welcome the Bill, subject to the amendments I have tabled and on which I will expand further on Committee Stage. I am pleased the Bill has come before the House so quickly because the limbo created by the result of the Supreme Court judgment needs to be dealt with as soon as possible. I reiterate that it is inappropriate to take...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Joanna Tuffy: I move amendment No. 2: In page 3, line 22, to delete "of" and substitute "or". I thank the Minister of State for accepting the amendment.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Joanna Tuffy: I move amendment No. 4:

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Joanna Tuffy: I move amendment No. 6: In page 4, line 4, after "(d)" to insert "as it applies to the proceedings in question". The purpose of this amendment is to ensure clarity in the order and that it explains paragraph (d) in terms of the date that applies to the particular case in question.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Joanna Tuffy: I move amendment No. 8: In page 4, line 8, after "1997)." to insert the following: "(g) If the interim barring order is made ex parte, the court may, if it thinks fit, require the applicant to give an undertaking as to damages in favour of the respondent in the event that the court subsequently determines that the order was wrongly applied for.".

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Joanna Tuffy: I wish to thank the Minister and the Senators who contributed to the debate. I recognise the Government's speedy response to this matter. I welcome the Minister's commitment to review some of the issues raised by the Opposition.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 1: In page 4, subsection (1), line 4, after "or" to insert "commercial". The amendment seeks to insert the word "commercial" before "mechanically propelled vehicles." We feel it is over-kill to apply this requirement to all vehicles entering the State, and it could be detrimental to tourism. I would like to Minister to comment on the proposed amendment.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: We will withdraw it for now but we would like the Minister to reconsider it on Report Stage. Amendment, by leave, withdrawn. Question proposed: "That section 1 stand part of the Bill."

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 3: In page 4, subsection (1)(a), line 22, to delete "persons" and substitute "non-nationals".

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 4: In page 4, subsection (1)(a), line 24, to delete "in compliance with" and substitute "if required to do so by". The reason we demand this is that total disembarkation should not be mandatory. The implication in the subsection is that it will be mandatory, which is over the top. It will be cumbersome and difficult to enforce. The Minister has spoken about how Irish...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: The way the section is worded implies that it will be mandatory to disembark. It would be better if it was worded as suggested. Amendment, by leave, withdrawn.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 5: In page 4, subsection (1)(b), line 26, to delete "persons" and substitute "non-nationals". This section refers to permission to land. Would it be constitutional to impose such a requirement on an Irish citizen?

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: I move amendment No. 7: In page 4, subsection (1)(c), line 29, after "non-national" to insert "(other than a non-national seeking or proposing to seek asylum in the State)". Our purpose is to ensure we do not exclude those coming to this island seeking asylum. The section, as phrased, makes it more difficult for asylum seekers to come here. It will probably lead to more instances such as the...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: Does the Minister agree there is a strong possibility that an asylum seeker would not have valid travel documents? Do we want to prevent genuine asylum seekers coming to this country?

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Joanna Tuffy: What we are seeking to do is to allow asylum seekers to reach this State. The Bill, as drafted, could prevent asylum seekers coming to this country. Is that what we want? The Minister referred to people who are not genuine asylum seekers but who are economic migrants. If there was proper immigration legislation which allowed for a green card system, this issue would not be as big a feature of...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Joanna Tuffy: We accept amendments Nos. 11 and 21. I support the comments of Senator O'Meara. Without the amendment the provision will put people's lives at risk. We are either not letting them into the country or forcing them into the hands of illegal traffickers. Regarding amendment No. 8, the defence allowed in section 6(a) covers a non-national having the relevant document with him or her before...

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