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

Michael McDowell: There is a distinction. Perhaps it is a distinction without a difference, but it is there. I believe that Senator Mansergh is right and that there was a case that citizenship was not accorded to all the nationals of many states in Europe. It was a relatively late development that it became available to everyone in a society. I do not know and do not wish to speculate, but there were cantons...

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

Michael McDowell: The phrase is not of 2000 vintage, going back to 1946 at the very least. It goes back to the basic point we discussed at the beginning of today's proceedings. One is not automatically an Irish citizen if one is born in Ireland. One is automatically entitled to Irish citizenship if born in the island of Ireland. The child born to a French couple in Ireland this week is not automatically an...

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

Michael McDowell: I agree. Senator Mansergh is right to remind me that the debate might convey I was suggesting Unionists cannot be Irish citizens. One can be a Unionist and an Irish citizen.

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

Michael McDowell: No, it is not tetchiness at all. I am now realising that I have been using the phrase "Unionist " too broadly. What I was trying to get at was somebody who was so "Unionist", they would have nothing to do with Irish citizenship, on ideological grounds, and who would never do what Senator Mansergh referred to. Tarraingíodh siar an leasú faoi chead.

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

Michael McDowell: This is a somewhat theological point and I am loath to get into a theological battle at this hour of the evening. However, while not speaking on the advice of the Attorney General, it is my view that Article 46 of the Constitution provides that the method of amending it is by means of a Bill that is enacted by the Oireachtas. Subject to being persuaded otherwise, it is my view that the...

Seanad: Child Care Services. (5 May 2004)

Michael McDowell: I thank Senator Scanlon for raising this matter. The equal opportunities child care programme 2000-06, a seven year inclusive programme, facilitates the further development and expansion of child care facilities to assist people in reconciling their child care needs with participation in employment, training and education. The programme makes capital grant assistance available to...

Seanad: Security Measures at Farmleigh. (5 May 2004)

Michael McDowell: I welcome the opportunity to respond to the Senator on behalf of my colleague, the Minister of State at the Department of Finance, Deputy Parlon. As Senator Terry stated, additional razor wire was installed on the perimeter wall of Farmleigh House as a temporary measure in response to the security arrangements surrounding the EU accession event taking place there on 1 May. The Senator will be...

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

Michael McDowell: There is an element of "Groundhog Day" to this debate as we have been over this ground a number of times. I acknowledge that Senator Terry has tabled these amendments to tease out some of the issues and to show alternative views that can be taken into account to enrich the debate. I also acknowledge that the Fine Gael Party is taking a responsible course in this debate by examining the merits...

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

Michael McDowell: That is an unlikely and contrived scenario. The simple, common sense thing to do is to put a simple proposition to the people when they are going to the polls. I agree with Senator Mansergh and Senator Walsh — I do not believe anyone would gain a significant advantage by saying he would be running for the local urban district council and strongly favoured a "Yes" vote. People would look at...

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

Michael McDowell: I do not believe that.

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

Michael McDowell: People are entitled to express a view on the issue. I do not believe many people are likely to switch their votes and vote in councillors to local authorities on the basis that they agree with their views on a referendum. There will be such a variety of candidates on each side that people must make up their minds which party they support. They will make up their minds based on what...

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

Michael McDowell: The Senator must not have been reading the newspapers if she thinks that. In this House, this has been described as a racist referendum. I have been strongly accused in both Houses of playing the race card, though we have had a much more moderate debate in this House than in other places. I have no interest in playing a race card. This is not a race card. The way to avoid the emergence in a...

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

Michael McDowell: The L and O case.

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

Michael McDowell: We discussed this matter at some considerable length yesterday. However, overnight I have had an opportunity to look again at the Government proposals document of April 2004. We can take some heart from the fact that the Parliamentary Counsel retained to translate the Government's intentions into legal effect looked at precisely the same issue as Senator Tuffy and said that, in each case, no...

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

Michael McDowell: A grave and substantial reason means that it cannot be, in effect: "There is an Irish citizen over there. The child's two parents are foreigners. Out." It is not to say as a matter of policy that we do not like that child being in Ireland and so out it must go. It must be a grave reason. There has to be a reason why a citizen child of Ireland should be excluded. One of the matters stated in...

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

Michael McDowell: This was discussed at great length yesterday. I did not have an opportunity to verify whether I was right or wrong about certain countries up to the 1930s distinguishing between nationals and citizens. It is my belief that until comparatively recently, citizenship in certain states in Europe was confined to the male gender whereas "nationals" included everyone. Surprising though it may be,...

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

Michael McDowell: One day I woke up at 5 a.m. and thought there could be an interregnum period of the kind alluded to by the Senator. I had a bad two hours thinking I had put my foot in it. A consoling phone call from my officials told me that the current law would continue and, therefore, the passage of the referendum would not create a limbo period. It is worthwhile to take a look at the way it is phrased....

Written Answers — Citizenship Applications: Citizenship Applications (13 May 2004)

Michael McDowell: The application is still being processed in my Department's citizenship section. It will be submitted to me for decision shortly. As soon as I have reached a decision I will inform the applicant and the Deputy of the outcome.

Written Answers — Child Care Facilities: Child Care Facilities (13 May 2004)

Michael McDowell: I am not aware of capital projects awaiting a decision since 2000 other than in circumstances where an applicant requested them to be placed on hold pending the clarification of a specific issue. A number of projects submitted more recently have waiting for a thorough review of the programme to be completed. Its aim is to maximise the availability of capital under the present programme....

Written Answers — Child Care Facilities: Child Care Facilities (13 May 2004)

Michael McDowell: I forwarded the details to the Minister of State for his attention and consideration. The Equal Opportunities Child Care Programme 2000-2006 has allocated almost €2.8 million to a number of projects in the Ballyfermot-Cherry Orchard area. As many as 249 new child care places will be created and support given to 121 existing places when the amount is fully drawn down. Surrounding areas have...

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