Seanad debates

Wednesday, 21 November 2018

Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: Second Stage

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I think the language here borders on the Trumpian. There have been references to the President of the US and his views on immigrants. I would be very concerned about this language. I do not see any welcome or compassion in the Minister of State's speech. I see a conspiracy theory underlying it, suggesting that any sort of concession to compassion in our immigration law would operate as a pull factor or attraction to the many people hovering at our borders. That is scary language and I take serious issue with it. I am really disappointed in the way the Minister of State's speech throws everything including the kitchen sink at this - Northern Ireland, the Good Friday Agreement, the EU, all our relations with everyone. I just cannot agree with what he said.

It is true that the Government had a week to read it but it is a very short Bill. It is a Private Members' Bill on which we are very happy to work with the Minister of State and the Department on amendments, including substantial amendments if necessary. In the view of the majority of the House, as I hope will be evidenced in the vote, the Bill deserves support because it seeks to address this specific situation for the small number of children whose position deserves to be regularised. We sought to draft a Bill that would be in keeping with existing immigration legislation. The three-year period is a sensible measure that mirrors the provision in section 6A of the consolidated immigration Acts.

I would love the Bill to go further. We thought it was a modest proposal and many have said as much. I would like to rerun the 2004 referendum and am very proud of the stance the Labour Party took in opposing it. In the immediate term, we need to address the situation of children born here who have been resident here throughout their lives and for at least three years. We need to regularise their position. Of course the Bill could go further. It could address the situation of those not born in Ireland. Others have referenced the case in Tullamore. The Bill represents a first step and sets out sensible and modest conditions that would really assist the small but significant number of families and children affected. I again express my gratitude to Senator Lawless for his support. As he said, we can work with the Government on making amendments to the Bill if necessary. Under Article 9.2 of the Constitution, we are explicitly empowered to provide by law for citizenship laws.

I also wish to respond to a couple of specific queries. In response to Senator Ó Donnghaile, yes, the island of Ireland is provided for throughout the immigration laws and our Bill is drafted in keeping with the legislation more generally. Senator Lawless asked about the child making an application. We are simply looking to amend section 15(3) so that the parent is not considered as the child. The parent might still of course make the application on behalf of the child. It is simply to decouple the legal status of applicant and child.

In response to Senator Black, like her, I want to acknowledge the brilliant launch of the short film last night by the youth project with the Migrant Rights Centre of Ireland. It is really showing the way forward for those young people. In response to Senator McDowell's speech, I am delighted that the architect of the 2004 referendum is supporting our Bill. That deserves some positive note from the Minister of State and the Government.

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