Woods, Michael J.Wednesday, 30 April 1986 |
Dáil Eireann Debate
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Irish Nationality and Citizenship Bill, 1985: Committee Stage (Resumed).
Section 2 proposes the insertion of the proviso: “Provided that the citizenship of a person who is registered under section 27 shall commence only as on and from the date of such registration.” On the...
This looks like a fairly routine technical section but, as a result of questions, it has been discovered that its purpose is apparently to put a stopping point on qualifying descendants of people who ...
I thank the Minister for her fairly clear statement of the position. As she said, we had teased out a fair deal of all this on the last occasion. The Minister tells us now that the reason for the Bil...
But registering under the different categories and including, presumably, under section 27, people from Northern Ireland.
But they must declare.
Therefore we are clear that Northern Ireland is not included in these figures and that the number registering has increased from fewer than 900 in 1975 and in previous years to 1,300 in the period men...
One must wonder whether there is anything particularly bad about the situation. If grandparents decided earlier, or even in the present circumstances, to register children to provide for the possibil...
The Minister of State described fairly well for us the way that it does cut off. I think it is quite clearly a cut-off point and this is the intention of the amendment. If someone does not take an a...
They just use it as an option.
I am very glad to hear the Minister of State say that we are liberal in some respects. I think we are liberal in quite a number of respects. Perhaps, in this case we have been fairly liberal especia...
I move amendment No. 1: In page 2 to delete lines 19 to 27 and substitute the following:
The Minister has raised a number of important points. We have been given some more reasons for the Government's decision. From the point of view of an ordinary citizen, I am looking at the situation...
For naturalisation?
At present an Irish man confers citizenship on his wife automatically. I do not see why the Minister should not agree to give women exactly the same treatment. When we are about to give equal treatme...
I presume that is what the Minister meant when she referred to the greater danger of marriages of convenience. The Minister meant that we are living in different times. I thought there was something ...
I can give a number of cases from the law reports which deal with husbands who have been refused entry. In the case of Abdul Kefti versus the Minister for Justice, 1983-84, the husband was refused en...
I appreciate that but at present the wife of a non-national is not entitled to have her husband living in Ireland. We are proposing that this right be extended to men and women. The Minister is askin...
Yes, but the Minister suggested that the two amendments are connected. We are recognising that a problem could arise in the future although such a problem does not appear to have arisen to date. At p...
Yes. Question put: “That the words proposed to be deleted stand.” The Committee divided: Tá, 69; Níl, 60. Tá
I move amendment No. 2: In page 2, after line 35, to insert the following: “(4) (a) Any person who enters into a contract of marriage solely or primarily for the purpose of enabling one of the parti...
I am not pressing this amendment because it is related particularly to the circumstances in which the first amendment applied; it is consequential on the first amendment being passed. In any event, th...
I made this point on Second Stage: once you accept the three year waiting period you bring in a whole set of new problems. I said on Second Stage that the Minister has included a new clause which pro...
This discussion tends only to highlight the problems raised by providing for a three year waiting period. To a large extent we have had that discussion earlier but the various problems that could ar...
I raised the question of an appeals system on Second Stage. It is something which we can return to on Report Stage when the Minister of State may have something further to say. The points in relatio...
Will that be advertised publicly to let people know what the situation is? Some of the main considerations have been highlighted in relation to the section. I still remain of the view that it would ...
Is it intended to advertise that fact?
I move amendment No. 3: In page 3, before section 4, to insert the following new section: “4.—Section 19 of the Act of 1956, is hereby amended by the insertion after subsection (6) of the following su...
We are attempting to give clarity, statement of grounds, and definition to this and to make sure that the person would be given that kind of information. This is very relevant. If we take the other r...
I move amendment No. 4: In page 3, before section 4, to insert the following new section: “4.—Section 21 of the Act of 1965 is hereby amended by the substitution of the following subsection for subsec...
In view of the fact that the Minister is taking this into account I am prepared to withdraw the amendment. Amendment, by leave, withdrawn. Section 4 agreed to.
We welcome section 5. It deals with the case where the applicant is a person who is a refugee within the meaning of the United Nations convention relating to the status of refugees of 28 July 1951 an...
I put down my amendment to this section to bring to the Minister's attention the fact that the penalties here were still of the order of £50. The figure is completely out of date and it should be mo...
Domicile and Recognition of Foreign Divorces Bill, 1985: Committee and Final Stages.
This section deals with the abolition of the wife's dependent domicile. Subsection (1) says: From the commencement of this Act the domicile of a married woman shall be an independent domicile and shal...
“The domicile a person had at any time before the commencement of this Act shall be determined as if this Act had not been passed.” Therefore, the domicile prior to the changes being made will remain...
We can take it that section 3 is consequential on the provisions in the previous two sections and that this is just a clarifying provision.
I move amendment No. 3: In page 2, before section 4, to insert the following new section: “4.—(1) For the rule of law that the domicile of a minor is that of his father there is hereby substituted th...
I am fully aware of that.
The Minister might communicate with the Minister for Justice because he told me he wished to take first the Garda Síochána (Complaints) Bill and then these Bills later. I was making preparation in th...
All remaining stages have to be taken at the end of this debate. It is not even a question of the amount of time from now until 7 o'clock. It is a question of the gap between 7 o'clock and Report St...
On Second Stage various people made clear the problem in relation to a child having no home with his father and the difficulty that was created by that section. It was suggested that there would be a...
The way we have approached this is the best way to approach a section. This is confirmed by Deputy Shatter's approach. I would like to say to the Minister that there is a certain amount of agreement...
Subsection (5) was included to deal with the situation where an existing rule of law applies in which, by dependence, the minor's domicile would be that of the mother. I was thinking of cases such as...
The trouble is that the existing flaws are even greater. Subsection (4) (b) of my amendment, No. 3, states: The domicile of a minor whose father is dead shall be that which he last had before he died...
As far as the section as a whole is concerned the Minister has not given us her final view. It has been pointed out on Second Stage, and again here, that there are confusing elements in this section....
That is the main point I wanted to make. If the Minister is not prepared to amend the section on the lines I have suggested, perhaps she would tell us if she intends to deal with the principal home w...
I do not believe we can beneficially spend any more time on this section. We have suggested what we regard as a more fundamental and better approach to this section as a whole, but the Minister is no...
I move amendment No. 5: In page 3, before section 5, to insert the following new section: “5.—(1) The validity of a divorce, where one or both spouses were domiciled in the State, will only be recogn...
The Minister expressed the view clearly that our amendment would, in effect, give a wife a veto unless she consents. The Minister said that new, improved and comprehensive legislation and safeguards ...
Deputy Shatter seems anxious to provide the type of protection that is needed for the family in these circumstances. We are saying to the Government: “If you are to bring in these new protections wh...
The question raised concerns the fact that once a foreign divorce is recognised the various rights collapse in relation to the family home, maintenance and so forth. I am surprised Deputy Shatter's a...
There will clearly then be a loss of that protection and, as Deputy Shatter said, these rights will collapse. Have we, as the Oireachtas, the right to interfere in this way with the spouse here in Ire...
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