Seanad debates

Wednesday, 22 October 2003

Irish Nationality and Citizenship and Ministers and Secretaries (Amendment) Bill 2003: Second Stage.

 

10:30 am

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

On the contrary, as regards some applications at least, it was considered by many to be a good scheme because of its job-saving and job-creating effect. My objections come from a number of angles. As I have stated previously both here and in the other House, I have a rooted objection in principle to the notion that citizenship can be bought or bartered for investments in the State by people who have little or no other connection with the State and no particular intention to establish any better connection. While citizenship is undoubtedly valuable, it is not a commodity to be traded in this way or in any analogous fashion.

I have no problem with the notion of non-nationals who come to Ireland to establish an enterprise, obtain residency for this purpose and, in the fullness of time, having lived and worked here and established firm roots in the State, seek to complete the connection with the State by applying to become citizens. I regard this as wholly proper and distinct from the basis on which the scheme was established. In such cases, there is no question of citizenship being used as a bargaining counter in exchange for the person's decision to establish, fund or invest in an enterprise here.

I remind Senators of my previously voiced serious misgivings as to the legal propriety of the basis for the scheme. As Senator Quinn noted, its theoretical legal basis was that a suitable investment could be treated as coming within the definition of "Irish associations", thus enabling the Minister to waive any of the normal conditions for naturalisation under section 16, paragraph (a) of the Irish Nationality and Citizenship Act 1956, as amended. It appears this view is shared by Senator Quinn and, as his explanatory memorandum points out, it is the starting point for his proposed solution.

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