I propose to accept all the amendments from the Seanad.
Public Business. - Irish Nationality and Citizenship Bill, 1934—From the Seanad.
Is the President moving each amendment separately?
I should like to say, at the outset, that if he reads the amendments carefully, the Deputy will see that they are directed towards meeting certain criticisms, such as those which were directed towards the Bill here, and they are all in line with the Deputy's remarks in the Dáil.
They are all, in other words, rather liberalising the Bill.
The following amendments were agreed to:
1. Section 2, sub-section (2). Before paragraph (d), line 15, a new paragraph inserted as follows:—
(d) if such person is born in Northern Ireland, in the Northern Ireland births register, or (in any other case).
2. Section 2, sub-section (3). After the word "entry" in line 25 the words "in the Northern Ireland births register or" inserted.
3. Section 2, sub-section (3). Before the word "shall" in line 29 the words "(before or after the expiration of such year)" inserted in brackets.
4. Section 2, sub-section (4). Three new sub-sections inserted before the sub-section as follows:—
(4) Every person who is not a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution but was born before the 6th day of December, 1922, either in Ireland or of parents of whom at least one was born in Ireland shall—
(a) if such person is at the passing of this Act or becomes thereafter permanently resident in Saorstát Eireann, be deemed to be a natural-born citizen of Saorstát Eireann, or
(b) if such person at the passing of this Act is permanently resident outside Saorstát Eireann and is not a naturalised citizen of any other country, be deemed, upon being registered in accordance with the next following sub-section of this section, to be a natural-born citizen of Saorstát Eireann.
(5) No person whose right to be deemed to be a natural-born citizen of Saorstát Eireann under the next preceding sub-section of this section is made by that sub-section conditional on registration in accordance with this sub-section shall be deemed to be a natural-born citizen of Saorstát Eireann unless, within one year or, where the Minister (before or after the expiration of such year) because of special circumstances so permits, within two years after the passing of this Act, the name of such person is registered—
(a) If such person is, at the passing of this Act, permanently resident in a country in which there is a Saorstát Eireann legation or consulate, in the register of nationals kept at such legation or consulate or in the general register of nationals, or
(b) If such person is, at the passing of this Act, permanently resident in a country in which there is neither a Saorstát Eireann legation nor a Saorstát Eireann consulate, in the general register of nationals.
(6) Every person born before the 6th day of December, 1922, who is, at the passing of this Act, employed outside Saorstát Eireann in the civil service of the Government of Saorstát Eireann as an established officer but is not a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution shall be deemed to be a natural-born citizen of Saorstát Eireann.
5. Section 4, sub-section (4). The sub-section deleted and a new sub-section substituted therefor as follows:—
(4) Where the applicant for a certificate of naturalisation is the spouse of a person who is under this Act deemed (in virtue of permanent residence in Saorstát Eireann) to be a natural-born citizen of Saorstát Eireann, the Minister may, if he so thinks proper, dispense in the case of such applicant with compliance by such applicant with so much of this section as relates to residence in Saorstát Eireann prior to the application for a certificate of naturalisation.
6. Section 4, sub-section (5). Before the word "at" in line 14 the words "she was" inserted.
7. Section 4, sub-section (5). The words "she was" deleted in line 14 and the words "and is at the date of such application" substituted therefor.
8. Section 4, sub-section (5). After the word "residence" in line 18 the words "or to intended residence" inserted.
9. Section 6, sub-section (1). The words "question or dispute" deleted in line 40.
10. Section 6, sub-section (1). The words "or settling such question or dispute" deleted in lines 42-43.
11. Section 6, sub-section (1). The words "or to settle a question or dispute" deleted in lines 46-47.
12. Section 8, sub-section (4). After the word "have" in line 27 the words "(subject to the provisions of this Act)" inserted in brackets.
13. Section 10, sub-section (2). Before the word "such" in line 12 the following words inserted in brackets "(except in the case of a person who has not attained the age of twenty-one years and the case of a person to whom the Executive Council have caused a certificate of naturalisation to be issued)".
14. Section 16, sub-section (1). All from and including the word "Where" in line 49, page 8, deleted down to and including the word "Eireann" in line 1, page 9, and the following words substituted therefor:
Where either—
(a) one of the parties to a marriage solemnised (whether in or outside Ireland) before the 6th day of December, 1922, became a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution and the other of such parties did not become a citizen of Saorstát Eireann by virtue of the said Article, or
(b) one of the parties to a marriage solemnised (whether in or outside Saorstát Eireann) on or after the 6th day of December, 1922, and before the date of the passing of this Act was, immediately before such marriage, a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution and the other of the said parties was not, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article,
and in either such case the parties to such marriage have for at least two years before the passing of this Act, or where such marriage was solemnised within those two years, continuously since such solemnisation been ordinarily resident outside Saorstát Eireann and intend to continue ordinarily resident outside Saorstát Eireann, the party to such marriage who (as the case may be) became a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution or was, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article.
I move: That the Committee agree with the Seanad in amendment No. 15:—
Section 16, sub-section (1). The words "one year" deleted in line 3 and the words "two years" substituted therefor.
What is the point of the alteration of one year to two years?
It was pointed out in the Seanad that there would scarcely be sufficient notice of the passing of this Bill given to people abroad in a year, and it was thought advisable to extend the period to two years. I take it that there will be no objection.
Question put and agreed to.
The following amendments were also agreed to:—
16. Section 16, sub-section (2). The words "one year" deleted in line 14 and the words "two years" substituted therefor.
17. Section 16, sub-section (2). The words "one year" deleted in line 15 and the words "two years" substituted therefor.
18. Section 16, sub-section (2). The word "year" deleted in line 17 and the word "period" substituted therefor.
19. Section 16, sub-section (2). The words "one year" deleted in line 18 and the words "two years" substituted therefor.
20. Section 17, Lines 48 to 56, inclusive, deleted and the following words substituted therefor:—
"(a) either—
(i) one of the parties to a marriage solemnised (whether in or outside Ireland) before the 6th day of December, 1922, became a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution and the other of such parties did not become a citizen of Saorstát Eireann by virtue of the said Article, or
(ii) one of the parties to a marriage solemnised (whether in or outside Saorstát Eireann) on or after the 6th day of December, 1922, and before the date of the passing of this Act was, immediately before such marriage, a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution and the other of such parties was not, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article, and
(b) the party to such marriage who, (as the case may be) did not become a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution or was not, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article duly."
21. Section 17. The word "may" deleted in line 9 and the word "shall" substituted therefor.
22. Section 17. After the word "Eireann" in line 11 the words "before the application" inserted.
23. Section 18. After the word "Eireann" in line 35 the words "before the application" inserted.
I move that the Committee agree with the Seanad in amendment No. 24:
Section 18. The words "may, if he so thinks fit," deleted in line 44 and the word "shall" substituted therefor.
Is there any particular point in that?
I do not think there is any special point in it. In some of these cases, the word "may" was intended to be mandatory and this was substituted to make it certain from the drafting point of view.
Question put and agreed to.
The following further amendments were also agreed to:
Section 23. A new sub-section added at the end of the section as follows:—
(6) Every order made by the Executive Council under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
Section 24, sub-section (3). The words "such book" deleted in line 23 and the words "the foreign births entry book kept in such legation or consulate" substituted therefor.
27. Section 25. The section deleted and a new section substituted therefor as follows:—
25.—(1) The Minister for External Affairs shall cause to be kept:—
(a) a register to be called and known and in this Act referred to as the Northern Ireland births register, and
(b) a register to be called and known in this Act referred to as the foreign births register.
(2) The birth in Northern Ireland of a child whose father is, on the day of such birth, a citizen of Saorstát Eireann shall be registrable, in accordance with regulations made under this section, in the Northern Ireland births register.
(3) The birth outside Ireland of a child whose father is, on the day of such birth, a citizen of Saorstát Eireann shall be registrable, in accordance with regulations made under this section, in the foreign births register.
(4) The Minister for External Affairs shall cause to be registered in the foreign births register every birth which is entered in a foreign births entry book and a copy of the entry of which in such book is transmitted to the said Minister in pursuance of this Act.
(5) Every document which purports to be a copy of an entry in either of the registers kept in pursuance of this section and to be duly authenticated in accordance with regulations made in respect of such register under this section shall be admitted in evidence in every court of justice without proof of the seal or signature by which such document purports to be so authenticated or of the authority of the person by whom such seal was affixed or such signature was made and, until the contrary is proved, shall be deemed to be a true copy of such entry and be accepted as good and sufficient proof of the fact and terms of such entry.
(6) The Minister for External Affairs may by order make regulations relating to all or any of the following matters in respect of each of the registers kept in pursuance of this section, that is to say:—
(a) the form of such register and the officer by whom and the place and manner generally in which such register is to be kept;
(b) the persons by whom and the manner in which births may be registered in such register;
(c) the particulars to be entered in such register in respect of every birth registered therein;
(d) the inspection of such register by members of the public;
(e) the furnishing to members of the public of copies of entries in such register and the authentication of such copies;
(f) in the case of the foreign births register, the entry in such register of births copies of the entry of which in the foreign births entry book are transmitted to the Minister for External Affairs under this Act;
(g) with the consent of the Minister for Finance, the fees (if any) to be charged for the registration of births in such register, for the inspection of entries in such register, and for copies of entries therein.
28. New section. Before Section 26 a new section inserted as follows:—
26.—(1) The Minister for External Affairs shall cause to be kept in every legation and every consulate a register to be called and known and in this Act referred to as the register of nationals.
(2) the name
(a) of every person who is a citizen of Saorstát Eireann and is residing either temporarily or permanently in a country in which a register of nationals is kept, and
(b) of every person permanently resident in a country in which a register of nationals is kept whose right to be deemed a natural-born citizen of Saorstát Eireann is under this Act conditional upon registration in the register of nationals or in the general register of nationals,
shall be registrable, in accordance with regulations made under this section, in the register of nationals kept in the legation (if any) or any consulate (if any) in the country in which he is so resident.
(3) From time to time, but not less than once in every year, there shall be transmitted, in accordance with regulations made under this section, from every legation and every consulate to the Minister for External Affairs a copy of every entry (if any) made in the register of nationals kept in such legation or consulate of which a copy was not previously so transmitted to the said Minister.
(4) Every document which purports to be a copy of an entry in a register of nationals and to be duly authenticated in accordance with regulations made under this section shall be admitted in evidence in every court of justice without proof of the seal or signature by which such document purports to be so authenticated or of the authority of the person by whom such seal was affixed or such signature was made and, until the contrary is proved, shall be deemed to be a true copy of such entry and be accepted as good and sufficient proof of the fact and terms of such entry.
(5) The Minister for External Affairs may by order make regulations in respect of all or any of the following matters, that is to say:—
(a) the form of the register of nationals and the officer by whom and the manner generally in which such register is to be kept;
(b) the persons by whom and the manner in which names may be registered in a register of nationals;
(c) the particulars to be entered in the register of nationals in respect of every name registered therein;
(d) the inspection of registers of nationals by members of the public;
(e) the furnishing to members of the public of copies of entries in registers of nationals and the authentication of such copies;
(f) the transmission in pursuance of this section of copies of entries in the register of nationals to the Minister for External Affairs;
(g) with the consent of the Minister for Finance, the fees (if any) to be charged for the registration of names in a register of nationals, for the inspection of entries in such register, and for copies of entries in such register.
(6) As soon as may be after the entry in a register of nationals of the name of any person whose right to natural-born citizenship of Saorstát Eireann is under this Act conditional upon registration in such register or in the general register of nationals, the Minister for External Affairs shall publish in theIris Oifigiúil notice of the fact of such entry and the name of the person to whom such entry relates and such other particulars (if any) as the said Minister may think proper.
29. New section. Before Section 26 a new section inserted as follows:—
26.—(1) The Minister for External Affairs shall cause to be kept a register to be called and known and in this Act referred to as the general register of nationals.
(2) The name of every person who is permanently resident outside Saorstát Eireann and whose right to be deemed a natural-born citizen of Saorstát Eireann is under this Act conditional upon registration in the general register of nationals or in either that register or a register of nationals shall be registrable, in accordance with regulations made under this section, in the general register of nationals.
(3) The Minister for External Affairs shall cause to be registered in the general register of nationals every name which is entered in a register of nationals and a copy of the entry of which in such register is transmitted to the said Minister in pursuance of this Act.
(4) Every document which purports to be a copy of an entry in the general register of nationals and to be duly authenticated in accordance with regulations made under this section shall be admitted in evidence in every court of justice without proof of the seal or signature by which such document purports to be so authenticated or of the authority of the person by whom such seal was affixed or such signature was made and, until the contrary is proved, shall be deemed to be a true copy of such entry and be accepted as good and sufficient proof of the fact and terms of such entry.
(5) The Minister for External Affairs may by order make regulations in respect of all or any of the following matters, that is to say:—
(a) the form of the general register of nationals and the officer by whom and the place and manner generally in which the general register of nationals is to be kept;
(b) the persons by whom and the manner in which births may be registered in the general register of nationals;
(c) the particulars to be entered in the general register of nationals in respect of every name registered therein;
(d) the inspection of the general register of nationals by members of the public;
(e) the furnishing to members of the public of copies of entries in the general register of nationals and the authentication of such copies;
(f) the entry in the general register of nationals of names, copies of the entry of which in a register of nationals are transmitted to the Minister for External Affairs in pursuance of this Act;
(g) with the consent of the Minister for Finance, the fees (if any) to be charged for the registration of names in the general register of nationals, for the inspection of entries in such register, and for copies of entries in such register.
(6) As soon as may be after the entry in the general register of nationals of the name of any person whose right to be deemed a natural-born citizen of Saorstát Eireann is under this Act conditional upon registration in the general register of nationals or in either that register or a register of nationals, the Minister for External Affairs shall, in every case where the name of such person has not been entered in a register of nationals, publish in theIris Oifigiúil notice of the fact of such entry in the general register of nationals and the name of the person to whom such entry relates and such other particulars (if any) as the said Minister may think proper.
New section. Before Section 27 a new section inserted as follows:—
27.—The Minister for External Affairs, or any diplomatic or consular officer authorised in that behalf by the Minister for External Affairs may, upon the application of any person who is a citizen (other than a naturalised citizen) of Saorstát Eireann and upon payment by such person of the prescribed fee, issue to such person a certificate in writing stating that such person is, at the date of such certificate, a citizen of Saorstát Eireann.
Agreement reported to amendments Nos. 1 to 30 inclusive, the Seanad to be notified accordingly.