Joanna Tuffy (Labour)

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 the time of the birth of that person,".

My understanding of the section, taking it at face value, is that at the time of the birth of the person concerned at least one parent who is an Irish citizen or entitled to be an Irish citizen must be alive. The Minister read out Article 2 of the Constitution, showing how one can read one thing from another thing in a section. I feel this is true in this case. The amendment seeks to remove a cruel loophole. If, for example, a father dies before his child is born, the child would not enjoy the constitutional right to Irish citizenship. If the mother dies during the birth, before the precise moment of the child's birth, the child's citizenship right would be in question.

This matter may have been raised in the Dáil and the Minister may have said he would deal with this issue through legislation. However, it would make more sense and avoid unnecessary litigation if it were dealt with now. The words should be deleted or the section clarified so that it does not mean the father or mother of the person must be alive at the time of his or her birth.