Seanad debates

Wednesday, 5 May 2004

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

 

7:00 pm

Sheila Terry (Fine Gael)

I spoke earlier about the importance of the proposed referendum. Senator Jim Walsh said that it is a simple process, but it is most important nonetheless. Our last resort should be to change the Constitution. Senator Mansergh spoke about my call for the proposal to be referred to the All-Party Oireachtas Committee on the Constitution, which I believe is the right way to proceed. I disagree with the Senator's argument that such a referral would be a delaying tactic. That is certainly not the case — I am treating the matter very seriously. We are not here to try to delay the entire process. I want it to be dealt with in a proper fashion. If we proceed with the proposed referendum on 11 June, we will not give the issue the consideration it deserves.

I wish to respond to the Minister and to thank him for his reply. Many people will have concerns, particularly the 10,335 members of families who have been granted residency here. The Minister can deport a family only if he has "grave and substantial" reasons for doing so. One has to ask what such reasons might be. If members of the family in question are in receipt of social welfare in the State, would the Minister consider it a sufficiently "grave and substantial" reason to deport them? Do they deserve to be deported if they are not independent and self-sufficient?

I wish to raise an issue that may cause problems in the future. I refer to the problems that may arise if the Minister decides to allow a family that includes an Irish-born citizen to stay here. What will happen if the family has a second child in this country after the enactment of this legislation? The child in question would not be an Irish citizen. I accept the Minister's assurance that all children are treated equally and protected while they are in this country, regardless of whether they are Irish citizens or citizens of a foreign state. It will be strange if a family has a child who is an Irish citizen and a second child who is a citizen of the country from which his or her parents originally came. Has the Minister considered such a possibility? How will it play out in terms of the family's life here?

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