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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: 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. (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: Second Stage (Resumed). (30 Apr 2004)

Joanna Tuffy: One of the things I have found interesting about the debate outside the House, in the media, is the view taken by two different figures in the pro-life movement. On the one hand, Justin Barrett supports the referendum while, on the other, William Binchy opposes it. I am on the side of William Binchy on this matter. He is a man of humanitarian views who has many things in common with Labour...

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

Joanna Tuffy: He has not received permission to remain in the State.

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

Joanna Tuffy: He was an asylum seeker but that brings me to the next point. I have always felt that our immigration system should be based on a much more positive premise. I believe the reason for the abuses the Minister is trying to address is due to the immigration system and not our Constitution. Our immigration system is negative. The Minister has frequently hinted that he will bring in a green card...

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

Joanna Tuffy: No, that is not true. I have been very constructive and proposed an amendment. That is the Labour Party approach to legislation.

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

Joanna Tuffy: I was very glad when the Minister accepted some of the amendments I tabled.

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

Joanna Tuffy: When the Minister dealt with the issues in legislation, he reduced the number of people who come here to try to abuse the system. That is borne out by the figures. I believe that was the way to go first. The Minister could have referred the matter to the All-Party Oireachtas Committee on the Constitution. I am a member of that committee, which did a great deal of work on the property issue....

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 1: In page 3, subsection (1), line 22, after "1997" to insert ", the text of which in the English language is set out for convenience of reference in Schedule 1 to this Act". I would like to hear the Minister of State's comments on this amendment.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Given the Minister of State's comments, would it not be proper to schedule the full protocol and convention even if we are only implementing parts of them? Also, what are the future plans for implementation of the other parts of the protocol and the convention?

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