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Seanad: Citizenship Rights for Non-Nationals: Motion (7 Apr 2004)

Michael McCarthy: Why is the Government attempting to change the Constitution——

Seanad: Citizenship Rights for Non-Nationals: Motion (7 Apr 2004)

Michael McCarthy: ——on the basis of this research?

Seanad: Citizenship Rights for Non-Nationals: Motion (7 Apr 2004)

Michael McCarthy: I have yet to be convinced. I would welcome an attempt by the Government, particularly by Senator Mansergh and others, to convince me that is not the case. The proposed referendum also has strong implications for the Good Friday Agreement. The Agreement, which was ratified by people on both sides of the Border, guarantees citizenship to every person born on this island. Has the Government...

Seanad: Citizenship Rights for Non-Nationals: Motion (7 Apr 2004)

Michael McCarthy: That is absolute nonsense. I have yet to be convinced it is not for electoral gain. I reiterate that I would welcome any attempt to convince me otherwise. I do not think it is a good idea to hold the referendum on 11 June. It would be wrong. I welcome the comments made by the Minister of State, Deputy O'Dea, on "Questions and Answers" on Monday night, without committing him to this as the...

Seanad: Order of Business. (7 Apr 2004)

Michael McCarthy: It is ten years since the genocide in Rwanda that claimed 800,000 lives. This was the worst case of genocide since the Second World War. The international community, through the United Nations, failed abjectly to help the people of that Central African country. Will the House observe the one-minute silence at noon today, as requested by the UN? The UN Secretary General, Mr. Kofi Annan, has...

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: I move amendment No. 1: In page 4, subsection (1), lines 1 to 3, to delete paragraphs (a) and (b). I welcome the Minister of State to the House and look forward to the debate on this Bill. While the convention does not apply to war ships or navy ships, there is nothing stopping us from going further than what is contained in the directive. We have done so in recent times in a number of other...

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: While I appreciate the Minister of State's reply, it is important to stress that there are occasions when we should not rely solely on conventions, directives and so on. This is one such occasion. While I accept the Minister's response it is important to stress that at times we can go further than what is expected of us.

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: I move amendment No. 2: In page 4, subsection (1), line 5, before "and" to insert "and, in relation to an Irish ship, means such a ship wherever situate,". The Bill does not state that this provision will apply to Irish ships wherever situated and, although I am aware, that is the intent of the provision, there is no expressed reference in that regard. I have tabled this amendment in the...

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: I accept the Minister of State's response and will withdraw the amendment on that basis. However, this is the second such occasion in recent weeks in this House that this has happened. This scenario also arose during the Committee Stage debate on the Bord Bia Bill when the Minister for Agriculture and Food, Deputy Walsh, accepted the principle and ethos of a particular amendment but did not...

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: I move amendment No. 3: In page 5, between lines 10 and 11 to insert the following subsection: "(2) Notwithstanding section 1, but subject to section 3, for the purposes of this section, a ship or fixed platform shall mean a ship or fixed platform wherever situate, and paragraphs (a) and (b) of the exceptions to the definition of 'ship' shall not apply,". There is contradiction between...

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: There is a manifest contradiction between the definition in section 1 and the trial provisions in sections 3 and 7. The amendment seeks to resolve the contradiction by stating that the offence provisions in section 2 will apply to ships or platforms wherever located. The provisions relating to powers of arrest or search as contained in sections 4 and 6 will only apply to Irish ships or ships...

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: I support Senator Finance's amendment which ties in with previous calls in this House for a debate on sentencing policy. There is a lack of confidence in the criminal justice system in terms of the sentences being handed down and time served in that regard. The Minister of State may correct me if I am wrong, but the idea behind sentencing a person to prison is to ensure a person is detained...

Seanad: Maritime Security Bill 2004: Committee Stage. (6 Apr 2004)

Michael McCarthy: On Senator Finucane's point, during recent debates in this House proposals have been put forward on the breaking down of jargon. Some legislative mumbo-jumbo, as it may be perceived, can be quite complex and confusing. I know the Minister for Social and Family Affairs, Deputy Coughlan, is initiating plans for a more user-friendly and reader-friendly scheme as regards services offered by her...

Seanad: Maritime Security Bill 2004: Report and Final Stages. (6 Apr 2004)

Michael McCarthy: I thank the Minister of his State and his official for their presence in the House this afternoon. Our purpose here is to debate and eventually provide good legislation. The sole purpose of this House is to safeguard legislation and we have done that job this afternoon. It is important there is a recognition on both sides of the need to reach compromise and agreement regarding sections of...

Seanad: Draft Guidelines on Rural Housing: Statements. (10 Mar 2004)

Michael McCarthy: I welcome the Minister, Deputy Cullen, and I want to record my appreciation to the Leader for organising this debate.

Seanad: Draft Guidelines on Rural Housing: Statements. (10 Mar 2004)

Michael McCarthy: I requested this debate last Thursday, although that should not be construed to mean I support Government policy in any way. Like some people in this House I was elected to a local authority five years ago and one of the overriding issues at that time was the difficulties people were facing in terms of the planning system. It appeared to me that the typical cases ran into difficulty for a...

Seanad: Draft Guidelines on Rural Housing: Statements. (10 Mar 2004)

Michael McCarthy: In the south, and other Members may articulate on this aspect later, we have special areas of conservation and areas zoned for particular usage in terms of the inhabitants of the area, which poses difficulties for the people outside of those zones. There are also the coastal areas which are extremely sensitive and undergo rigid procedures in terms of planning. That is understandable in some...

Seanad: Draft Guidelines on Rural Housing: Statements. (10 Mar 2004)

Michael McCarthy: I appreciate the Minister's reply. Another point of interest concerns conditions attached to a planning permission as issued by a local authority. Time and again, if a planning application was for the benefit of a family member with a housing need, in the majority of cases I have dealt with a residency clause was attached to the permission, preventing the sale or use of the dwelling by anyone...

Seanad: Draft Guidelines on Rural Housing: Statements. (10 Mar 2004)

Michael McCarthy: Of course. I am referring to the current planning system as regards the role of outside bodies, which has a direct impact on rural housing. I have qualified my remarks by saying there are implications in terms of the roles of outside bodies. As regards the guidelines, the public consultation process will close on 30 April. That is close to 11 June and we are all aware-——

Seanad: Draft Guidelines on Rural Housing: Statements. (10 Mar 2004)

Michael McCarthy: I understand that. It is 12 weeks from Friday next to the local and European elections. This issue has been around for much longer than the last six or 12 months. I want to put forward a reasonable argument and debate in terms of my own experience of the planning system. I believe it smacks of political opportunism. I have always pursued the case for genuine applicants who have a housing...

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