How stands the amendment?
Irish Nationality and Citizenship Bill, 1999 [Seanad]: Committee Stage (Resumed).
Debate resumed on amendment No. 11.
In page 6, to delete lines 6 and 7.
-(Deputy Shatter.)
It still stands up. I set out clearly why it is a meritorious and worthy amendment that the Minister should accept. It is an exercise in futile articulation to repeat the process. Having considered matters, the Minister might agree to accept the amendment and then we could proceed to the next section.
Amendment put and declared lost.
Amendments No. 12 and 13 not moved.
I move amendment No. 14:
In page 6, line, 14, after "paragraph (c),” to insert “(e),”.
The amendment is opposed.
Amendment put and declared lost.
I move amendment No. 15:
In page 6, between lines 17 and 18, to insert the following:
"(3) Where the Minister refuses an application under subsection (1), the applicant shall be supplied with a statement detailing the reason or reasons why the application was refused.".
Amendment put and declared lost.
Section 5 agreed to.
NEW SECTION.
I move amendment No. 16:
In page 6, before section 6, to insert the following new section:
6.-Section 18 of the Principal Act is hereby amended by the addition of the following subsection after subsection (2)-
"(3)(a) This subsection applies to a person one of whose parents was adopted by Irish citizens who are ordinarily resident in the State on the date on which the adoption was effected where-
(i) the adoption was a foreign adoption, within the meaning of the Adoption Act, 1991, but was effected before the commencement of that Act, and
(ii) the adoption, if effected after the commencement of the said Act and in accordance with its provisions, would have been deemed, for the purposes of the Adoption Acts, 1952 and 1991, to have been a valid adoption order made on the date on which it was effected.
(b) Where a person to whom this subsection applies is granted a certificate of naturalisation, that person shall be an Irish citizen from birth.
(c) This subsection applies to a certificate of naturalisation whether granted before or after the passing of the Irish Nationality and Citizenship Act, 2000.”.
Amendment put and declared lost.
Amendment No. 17 is deemed out of order, as it amounts to a direct negative.
Amendment No. 17 not moved.
Section 6 agreed to.
Section 7 agreed to.
SECTION 8.
I move amendment No. 18:
In page 7, paragraph (c), lines 41 to 44, to delete all words from and including “ ’resident’ ” in line 41 down to and including “Ireland” in line 44 and substitute “ ’resident outside the island of Ireland”.
The amendment is opposed.
May I have a brief explanation?
Section 8 paragraph (c) of the Bill amends section 19(1)(c) of the 1956 Act dealing with the condition for revocation of a certificate of naturalisation concerned with absence of continued residence. As well as providing for the revocation of a certificate issued to a spouse of an Irish citizen based on failure to honour the condition at the new section 15(a)(i)(h), the intention to continue to reside in the island of Ireland, the amendment also aligns the condition of revocation of a certificate of naturalisation granted in the normal way with the standard condition for naturalisation of intention and good faith to continue to reside in the State, section 15(i)(d) of the 1956 Act. Otherwise, to accept the Deputy’s amendment would be to apply the provisions of section 8 paragraph (c of the Bill to persons who were naturalised under the provisions of section 15 of the Act of 1956 only where they were resident outside the island of Ireland. One of the conditions for naturalisation under section 15 is that the person is required to satisfy the Minister that he or she intends, in good faith, to continue to reside in the State after naturalisation. In relation to the naturalisation of spouses, this condition expresses an intention to reside in the island of Ireland. This would create a very serious discrepancy between section 15 paragraph (b) of the 1956 Act, as amended by section 4 of the 1986 Act and section 19 paragraph (c) of the 1956 Act. For this reason I oppose the amendment.
I have made the case on early sittings. The Minister's approach, in principle, to some of these issues is wrong, but I accept that in the context of the approach we have, as voted by the Committee, the amendment I propose would create an inconsistency in the overall approach, and in the circumstances I will not press the amendment.
Amendment, by leave, withdrawn.
Section 8 agreed to.
NEW SECTION.
I move amendment No. 19:
In page 8, before section 9, to insert the following new section:
"9.-(1) Where the Minister fails to determine an application for citizenship within 12 months of the aforesaid application being made, the applicant shall be entitled to apply to the High Court for an order requiring that a determination be made within a specified period save where the Minister satisfies the court that there are good and sufficient reasons specific to the particular application for the delay by the Minister in determining same.
(2) Where the Minister refuses an application for citizenship, he or she shall supply to the applicant a statement detailing the reason or reasons why the application was refused and the applicant shall within 2 calendar months of the reasons for the refusal being communicated to him or her be entitled to appeal to the High Court and the court shall in such appeal determine whether on the information available to the Minister, the reason or reasons given for the refusal are good and valid reasons to deny citizenship to the applicant.
(3) Where an application is made to the High Court under subsection (2) and where the court determines on the information available to the Minister there were no good and valid reasons for denying citizenship to the applicant, the court may either direct that citizenship be granted to the applicant concerned or in the alternative that the Minister reconsider the application for citizenship made by the applicant.”.
Amendment put and declared lost.
Section 9 agreed to.
Title agreed to.