Results 17,861-17,880 of 18,736 for speaker:Michael McDowell

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....

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: Committee Stage (Resumed). (5 May 2004)

Michael McDowell: Interestingly, we could spend many hours discussing whether there is a distinction to be drawn between citizenship and nationality in practical terms today, as they are used interchangeably in many documents and areas. This sounds terrible, but I believe that a theoretical distinction between the two existed in Europe until the Second World War. There were some societies in Europe which...

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

Michael McDowell: I definitely accept the proposition that the Irish nation and State are separate concepts, and that is probably to be found if one examines the text of the Constitution itself. The first part of the Constitution, covering Articles 1 to 3, inclusive, is headed "The Nation", and "The State" is the heading for Article 4 onwards, so there are different concepts at play. I am not suggesting that...

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

Michael McDowell: Yes, there is the right to vote.

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

Michael McDowell: Yes.

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

Michael McDowell: Let us examine Article 9.2 of the Constitution as it stands. It states "Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens". A distinction is being drawn there, as it does not state "fidelity and loyalty to the nation and State".

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...