Seanad debates

Thursday, 6 May 2004

Twenty-seventh Amendment of the Constitution Bill 2004: Report and Final Stages.

 

4:00 pm

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

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. The provision states "unless provided for by law." If we phrased if differently and said that persons shall be Irish citizens only on foot of a law enacted on foot of this section, then one could have the nightmare scenario that gave me that momentary panic, that one could have a lacuna between the passage of the referendum and the passing of legislation.

I ask the Senator to accept from me that the situation now is that if the people vote in favour of this on 11 June and the President subsequently signs it into law, the amendment of the Constitution will take effect from that day and the law that exists on that day, the generous law we have at present, will continue in existence until such time as the new measures proposed by the Government, which are delimiting and restricting measures, come into effect. The existing statute law, which gives everybody born on the island of Ireland the entitlement to claim Irish citizenship, will keep going until such time as the two Houses in their wisdom choose to bring in measures, either in accordance with the Government's proposals or as the two Houses deem fit. There will not be a void which, in all honesty, for a couple of hours one morning I thought I had perhaps created.

TarraingĂ­odh siar an leasĂș faoi chead.

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