Seanad debates

Thursday, 7 July 2011

Civil Law (Miscellaneous Provisions) Bill 2011: Report Stage and Final Stages.

 

5:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

I thank Senator Zappone for tabling the amendment. I welcome the reception it has received in the House. I advised the House on the last occasion that I would be bringing forward further amendments. I envisaged I would be bringing forward an amendment on this issue, which addresses certain technical matters. We also looked at sections 22 and 23, as mentioned by Senator Zappone. Work on that amendment was not finalised in time for this debate. I ask Senator Zappone to withdraw her amendment because I propose bringing a more detailed amendment forward in the Dáil. If all goes well, this Bill will shortly complete its passage in the Dáil, which will allow me to come to this House during the final sitting week of the Seanad to finalise matters.

I had hoped to bring before the Seanad today the amendment in relation to giving statutory backdrop to citizenship ceremonies. Existing legislation provides, in relation to a person granted citizenship in this State, that once the Minister makes a decision, the person registers with the District Court clerk and is given a date upon which to return to swear his or her fidelity to the State. In this regard, people are often left sitting at the back of the court and are slotted in between a couple of criminal trials. Current legislation allows that for exceptional reasons the Minister may arrange something different. The exceptional reason which provided the legal backdrop to the ceremony recently held is the approximately 3,000 to 4,000 persons who have been granted citizenship waiting to have their citizenship finalised. The courts would be completely overwhelmed if they had to deal with these cases . What became a delay in the Department could have become a court backlog and as such we are bringing forward a formal statutory mechanism which will make statutory provision for the ceremonies, while still preserving individuals' entitlement to go to the District Court if need be. There will be some people who may not be available when ceremonies take place.

My intention is to bring forth a comprehensive amendment. I had hoped to have it today but I do not. I understand that matters in that regard have been completed in the Attorney General's office and that it will be ready for Committee Stage in the Dáil. If Senator Zappone agrees to withdraw this amendment, the matter will be dealt with at that stage. The issue will be addressed in this legislation and I thank Senator Zappone for bringing it forward.

It is worth putting on the record of this House that I believe it is important we address the different legacy issues that arise following enactment of the Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2010 in order that there are not areas in which there are gaps and lacunae. There are other sections in this legislation, other than the ones mentioned by myself and Senator Zappone, which require further examination to ensure we have equality. It will not be possible to have all of those issue addressed within the context of this Bill. However, I am hoping to ensure that in so far as there are any remaining gaps, they will be addressed in the Immigration, Residence and Protection Bill. Committee Stage of that Bill will, it is hoped, be taken by the select committee early in the autumn following the summer recess. It is hoped the Bill will come to the Seanad before Christmas. It is my objective to have that legislation enacted before the end of the year. We will do our best to have incorporated within it any other anomalies that arise under citizenship laws following on from enactment of the Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2010.

I thank Senator Zappone for raising this issue and ask her to bear with us on this matter. It is encouraging that this principled approach is supported on all sides. It gives me the momentum to ensure we get it through the Dáil and back to the Seanad before the summer break.

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