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Seanad: Order of Business. (30 Apr 2004)

Brian Hayes: The conscience of Fianna Fáil.

Seanad: Order of Business. (30 Apr 2004)

Brian Hayes: Does the Senator wish to join us on it?

Seanad: Order of Business. (30 Apr 2004)

Brian Hayes: The Fianna Fáil Party has already lost one Member this week. Do not lose two.

Seanad: Order of Business. (30 Apr 2004)

Brian Hayes: Hear, hear.

Seanad: Order of Business. (30 Apr 2004)

Brian Hayes: They were already useful.

Seanad: Request to Move Adjournment of the Seanad under Standing Order 29. (30 Apr 2004)

Brian Hayes: On a point of order——

Seanad: Request to Move Adjournment of the Seanad under Standing Order 29. (30 Apr 2004)

Brian Hayes: That is the problem; there is no debate in either House of the Oireachtas. The Minister wasted €40 million.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: It is slightly different.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: Different people.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: An endorsement.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: Is that a premonition?

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: I thank the Leader for agreeing to extend the debate so that Members may contribute.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: I will not use the ten minutes and do not wish to repeat what others have said. I welcome Senator White back from her visits to South America.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: Her knowledge of the issue of passports and citizenship will be greatly helped in the context of this debate when we get into the nitty gritty detail on Committee Stage.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: Senator White is welcome back. Her colleagues will have great interest in the issue of fidelity to the nation and loyalty to the State. I welcome the Minister and thank him for being present for the debate. My basic objection to the Bill is that I would have preferred that this matter would have been looked at by an all-party committee before legislation was considered. That would have been...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: While the Attorney General gives advice as the senior law officer to the Taoiseach and the Cabinet, it is a matter for the Cabinet to decide what it wants to do.

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: The opposite is the case. There is merit in the legislation going through both Houses and then being tested. I am not so sure that the absolute guarantees in Article 2 in respect of citizenship to people born on the island of Ireland are as clear-cut as the Minister suggests. There would have been more support for the referendum had it gone through the Supreme Court a second time round in...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: I am as sure as is the Minister that is an absolute right. That is the reason I suggest he should have gone down the route, as others have suggested, of putting the legislation in place and testing it in the courts. That would have been more sensible. I heard the Minister's interview last week on "Today with Pat Kenny". The Minister said the job of rounding up people in the dead of night and...

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: If that was the case and the Minister's advice, if it was noted in 1998, why was the Minister's advice when he was Attorney General to the then Minister for Justice, Equality and Law Reform in 2001 actually limiting the rights? Why was that advice so clearly given to the Minister for Justice, Equality and Law Reform?

Seanad: Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (30 Apr 2004)

Brian Hayes: In an interview with Pat Kenny the Minister said in 1998 he clearly recognised the importance of this, yet he gave a very different advice to the Minister in 2001. I will be delighted to hear the Minister's response. As Senator O'Rourke said, jumping into this issue with undue haste when it was clear there was no intention on the part of the Government that this would be part and parcel of...

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