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Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage. (5 May 2004)

Joanna Tuffy: Members should all have been presented with copies of the Constitution for the purpose of this debate. I forgot to bring my copy with me. For a debate of this nature, copies of the Constitution should be furnished to Members. As regards what Senator Terry stated earlier, as I understand it we are changing a right, which exists under the Constitution. In the recent court case relating to the...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: I want to raise the case about which the Minister spoke. I would have thought such a case demonstrates that there is not a loophole in the Constitution. The citizenship rights that were bestowed on the child did not entitle the parents to be Irish citizens or to stay here, which meant that they could be deported. A constitutional amendment is being proposed on the basis that there is a...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: Tairgim leasú a 12: I gCuid 1, leathanach 7, línte 5 agus 6, ", an tráth a shaolaítear an duine sin," a scriosadh agus I gCuid 2, leathanach 7, línte 16 agus 17, ", at the time of the birth of that person," a scriosadh. I move amendment No. 12: In Part 1, page 6, lines 5 and 6, to delete ", an tráth a shaolaítear an duine sin," and In Part 2, page 6, lines 16 and 17, to delete ", at...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: The Minister noted the Parliamentary Counsel anticipated this issue, and that it is dealt with in the draft legislation, so that the citizenship right is extended to people whose parents are not alive at the time of the child's birth. That means that people in such a situation do not have a constitutional right, and the right has to be provided by legislation. Second, the fact that the...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: I will, yes. The more I look at this amendment, the more concerned I become about it. For example, one of my family members is married to a non-citizen and they could be affected by this measure. There are many people in that position. There are many people whose children emigrated to America and other countries, married, came back here and presumed their children would be constitutionally...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: That is my reading of it. There is a need for legislation——

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: That is not what the Constitution states.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: Why does it need to be legislated for if that is the case?

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: The Minister appears to be worried.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: Why does it need to be legislated for if it is a right and there is nothing to be worried about?

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: I will withdraw the amendment on the basis that I will table it again tomorrow. Tarraingíodh siar an leasú faoi chead.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: Tairgim leasú a 14: I gCuid 1, leathanach 7, líne 9, "nó náisiúntacht" a scriosadh agus I gCuid 2, leathanach 7, línte 18 agus 19, "or nationality" a scriosadh. I move amendment No. 14: In Part 1, page 6, line 9, to delete "nó náisiúntacht". and In Part 2, page 6, lines 18 and 19, to delete "or nationality". We want to delete the words "or nationality" since there are three...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: The Minister's explanation on the use of the word shows that this amendment affects Article 2, which refers to the Irish nation, whereas Article 9 more specifically refers to citizenship, although it also mentions nationality. By bringing in nationality, the Minister is affecting Article 2 of the Constitution.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: Tairgim leasú a 18: I leathanach 5, líne 11, i ndiaidh "OIREACHTAS", "AGUS AG AN bPOBAL" a chur isteach. I move amendment No. 18: In page 4, line 11, after "OIREACHTAS" to insert "AND BY THE PEOPLE". The reason we are tabling this amendment to the Preamble is that we believe the formula as it stands in the Bill and under the legislation to amend the Constitution is incorrect. Bills to amend...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (Resumed). (5 May 2004)

Joanna Tuffy: At the same time it still goes to the President to be signed if the referendum is passed. It should surely state, at that stage, that it is enacted by the people. Either way, I will withdraw the amendment at this stage. Tarraingíodh siar an leasú faoi chead.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Report and Final Stages. (6 May 2004)

Joanna Tuffy: I second the amendment. Given that I wish to oppose the section, should I speak at this stage or should I wait?

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Report and Final Stages. (6 May 2004)

Joanna Tuffy: I wish to discuss Senator Terry's amendments. The Labour Party did not propose similar amendments because it opposes the section and the Bill as a whole.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Report and Final Stages. (6 May 2004)

Joanna Tuffy: I know.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Report and Final Stages. (6 May 2004)

Joanna Tuffy: I understand.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Report and Final Stages. (6 May 2004)

Joanna Tuffy: I would like to consider some of the points made by Senator Terry. She made a good point about the timing of the proposed referendum, which is detracting from local issues. Many people who have grievances about local authority housing policies, for example, are focusing on the referendum as a solution to such problems. That is not right, especially as the vast majority of houses are not...

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