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Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Anyone, maybe Mr. Gormally.

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Does a person have to do anything to invoke citizenship under the British Nationality Act 1981 or is it automatically assumed that someone is British because he is she was born in the UK?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: That Act predated the agreement in 1998 and the point being made is that agreement recognises the political entitlement of every person in Northern Ireland to in effect choose citizenship.

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: The point being made by Senator Ó Donnghaile and others is presumably that when Brexit occurs they will have forced upon them British citizenship, which they do not wish to have, for the purpose of effecting their rights to work, of residency and all basic rights.

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Mr. Gormally's point is that one of the options may be that Irish citizens in Northern Ireland would, or may, have to apply for the settled status that has been identified by the British Government. Is that the point he was making?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: People need to know the source of their human rights. The witnesses are experts in human rights but when it comes to identifying the rights they enjoy, for example, I know mine come from the Constitution, the EU Charter, the Convention on Human Rights and Irish statutory law but the rights of a person of Irish citizenship in Northern Ireland after Brexit do not emanate from Europe. They may...

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Is Professor Harvey referring to this jurisdiction?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Is the failure to implement the bill of rights the major defect or are there statutory failures?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: What happened to it? Did they get bogged down in politics?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: What would Mr. Allamby say about the argument that people in Northern Ireland will still have the benefit of the European Convention on Human Rights and in that respect their rights will be protected in the same way as in the charter, even though it provides a little bit more?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Can I ask Ms Logan if there is anything the State here should be doing to try to protect and vindicate the rights of persons in respect of their citizenship in Northern Ireland?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Does Ms Logan consider that after Brexit, a person resident in Northern Ireland with Irish citizenship could challenge this State on the basis that this State, of which he or she is a citizen, has failed to protect his or her rights in the European context?

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: It is like everything with Brexit; it is very complicated and unpredictable. People do not know the consequences of it. If Brexit happens, as sure as night follows day, there will be quick attempts to remove the United Kingdom from the Council of Europe and to shake off the European Convention on Human Rights. Most of the criticism of the institutions made by certain sections of the...

Joint Oireachtas Committee on Justice, Defence and Equality: Rights and Equality in the Context of Brexit: Discussion (23 Jan 2019)

Jim O'Callaghan: Hear, hear.

Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Bill 2018: Second Stage (22 Jan 2019)

Jim O'Callaghan: I propose to share time with Deputy Mary Butler.

Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Bill 2018: Second Stage (22 Jan 2019)

Jim O'Callaghan: Fianna Fáil supports this legislation. It is important and it will considerably ease the difficult circumstances in which Irish people can find themselves abroad, and that European Union citizens can find themselves in if convicted of an offence in Ireland. As the Minister of State indicates, the purpose of the legislation is to ensure that if a person from another European Union...

Irish Nationality and Citizenship (Restoration of Birthright Citizenship) Bill 2017: Second Stage [Private Members] (17 Jan 2019)

Jim O'Callaghan: I welcome the opportunity to speak on the issue of migration. I do not think we talk about it enough in this House. It is an enormous issue around the world. This will be known as the age of migration. The extent of forced migration and labour migration that is taking place around the world is significant. I read recently that since 2015, over 3 million people have been forced out of...

Saincheisteanna Tráthúla - Topical Issue Debate: International Conventions (16 Jan 2019)

Jim O'Callaghan: I cannot accept that. The Budapest convention was signed 17 years ago and the Minister has said that much work has been done on it. He cannot, however, give a date as to when Ireland is going to ratify the convention. We are aware that certain steps have been made in respect of it and that it has been partly implemented in domestic law, but that is still not an answer to the plea made by...

Saincheisteanna Tráthúla - Topical Issue Debate: International Conventions (16 Jan 2019)

Jim O'Callaghan: The sexual abuse and exploitation of children is one of the most serious and pernicious problems that any society faces. Unfortunately, with the development of the Internet, that problem is being further aggravated. We are now aware there is a serious problem with the Internet being used by criminals for the purpose of the sexual abuse and exploitation of children. The Topical Issue matter...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of European Convention on Human Rights (compensation for delays in court proceedings) Bill 2019: Discussion (16 Jan 2019)

Jim O'Callaghan: I thank FLAC and the Bar Council for attending and for their helpful submissions, which I have read and which the committee will find helpful when we are producing a report. It is important to note that it is an infrequent occurrence for people to go before the courts or seek justice. Generally, people only do that once or twice in their lives. Some people are lucky and never have to do...

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