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Immigration & Residence Bill - January 2008

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

microlab
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Post by microlab » Mon Apr 28, 2008 9:32 am

at least we have the decency to say please with that, lol.
:lol: :lol: :lol:
Two Aerials meet on a roof - fall in love - get married.
The ceremony was rubbish but the reception was brilliant.

archigabe
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Post by archigabe » Sat Aug 02, 2008 11:14 am

Old news...just thought I'd still post it to keep everyone up to date.

Lenihan to make 200 changes to his own immigration Bill

http://www.irishtimes.com/newspaper/fro ... 36238.html
THE GOVERNMENT is to make more than 200 of its own amendments to the controversial Immigration, Residence and Protection Bill, The Irish Times has learned.

The amendments, which were drafted after a series of meetings between officials from the Department of Justice and the Office of Integration, include the removal of a requirement for residents from outside the European Economic Area (EEA) to seek the Minister for Justice's permission to marry.

Officials have agreed that aspects of the proposed law could damage Ireland's ability to attract and retain skilled migrants, and many of the changes aim to make the immigration regime more attractive to those who are legally resident here.

One change will allow for multiple re-entry visas to be issued to 60,000 resident foreigners who currently have to apply for a re-entry visa each time they leave the State.The move comes amid reports that some skilled migrants, including Filipino nurses, are moving from Ireland to other western states, and aims to reassure legally-resident migrants that their immediate family will be entitled to join them here.

Civil servants are studying the Canadian reunion model, which allows permanent residents to sponsor a spouse, partner, dependent child or other eligible relative (such as a parent or, in some cases, grandparent) to become a permanent resident.

The majority of the Government's amendments are aimed at non-EEA citizens with legal residence, but there is less willingness to change provisions on asylum, which have been the focus of many of the Bill's critics.

The UN's refugee agency has identified 76 areas, ranging from access to the State for asylum seekers to the use of detention and the assessment of asylum claims, which it is concerned fall short of international standards.

bloody foreigner
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Post by bloody foreigner » Thu Sep 04, 2008 9:31 pm

deleted
Last edited by bloody foreigner on Fri Sep 26, 2008 10:44 am, edited 1 time in total.

walrusgumble
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Post by walrusgumble » Wed Sep 10, 2008 10:23 am

bloody foreigner wrote:Hi walrusgrumble,

Here's an amusing little game that some of us foreigners like to play:
Buy an Irish newspaper, the more "reputable" the better, then sit down and with a red pen highlight all the spelling and grammatical errors on the front page.
Well, it beats just reading the Metro on the DART anyway.
what i your point, i take it you are being Sarcastic. it gets pretty annoying when alot of generalisation is made yet people dont produce links, proof etc to support their comments. but of course you think when i say reputiable you go thinking that someone like me thinks foreigners are not capable of reading the big papers like the indo (crap paper) or the times (boring). you are wrong

why make reference to the Metro? what is wrong with the Metro? do you think i am classing that not beign reputible? i never said that. that paper does what it does and is handier than reading certain gutter rags for papers, and its free!

You are by now in this country for a long time, you know yourself the main papers in the country. you know the difference between say the irish sun, daily mail and the star as oppose to say irish time, independent and the examiner. which of these papers would you consider to be realiable?. so when you get your head out of your ar*e and give up that victimisation nonsense you would see what i refer to as reputible. any chance of you showing extracts from the papers butchering the english or irish language?like you, i know the worth of those papers, some even the reputible gets words etc wrong, human mistake. how many of your posts by laziness or mistake have being misspelled?

bloody foreigner
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Post by bloody foreigner » Wed Sep 10, 2008 1:23 pm

deleted

archigabe
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Post by archigabe » Thu Oct 02, 2008 11:15 am

Letter from the Chief Executive of the Irish Refugee Council...

http://www.irishtimes.com/newspaper/let ... 60144.html
The Immigration Residence and Protection Bill 2008 is currently being debated in the Dáil. Unfortunately, rather than using this as an opportunity to make current procedures fairer and more transparent, the Minister for Justice plans to extend the powers of immigration officers. An immigration officer will be able to "detain and examine" anyone whom they "reasonably suspect to be a foreign national". There is no time limit attached to this detention nor is there any recourse to a lawyer.

Furthermore, where it appears to an immigration officer that a foreign national is unlawful, he or she can be deported without notice. This is a draconian provision in blatant violation of international law. Moreover, if someone is refused "leave to land" at a port, there is no right of appeal and generally the reason for refusal cannot be obtained. This may also affect people seeking asylum.

realgunner
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Post by realgunner » Thu Jun 25, 2009 4:03 pm

when is the new bill coming out

travel-vacation
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hi

Post by travel-vacation » Mon Nov 23, 2009 3:05 pm

i think it is nice step for the country that Foreign nationals who wish to contract a marriage in the State will be required to be lawfully resident in the State at the time of the marriage and notify the Minister of the intended marriage

acme4242
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Re: hi

Post by acme4242 » Mon Nov 23, 2009 5:30 pm

travel-vacation wrote:i think it is nice step for the country that Foreign nationals who wish to contract a marriage in the State will be required to be lawfully resident in the State at the time of the marriage and notify the Minister of the intended marriage
By Minister , maybe you mean a priest.

But otherwise, why should I or anyone else, have to go cap in hand to such self-serving
pompous blackguards like John O Donoghue

walrusgumble
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Re: hi

Post by walrusgumble » Sat Nov 28, 2009 9:48 pm

acme4242 wrote:
travel-vacation wrote:i think it is nice step for the country that Foreign nationals who wish to contract a marriage in the State will be required to be lawfully resident in the State at the time of the marriage and notify the Minister of the intended marriage
By Minister , maybe you mean a priest.

But otherwise, why should I or anyone else, have to go cap in hand to such self-serving
pompous blackguards like John O Donoghue
eh no, the department of justice or directly the marriage registration office.also, i am sure you are aware many people won't go to a "priest" as they may not be Christian

secondly, that pompous self serving blackguard, such as the Carviceen windbag john o'donoghue was the minister for justice in 2002, he has no power, why bring him up. like any country, the ministers are suppose to serve the citizens of their country (please try not to laugh) first seriously try not to laugh) and non nationals next (that is not an attempt to insult you, sorry if offended) its a fine attitude to have.

you wont have to go hand in hand to seek permission if you have legal status or marrying an eu national. simply make an application and there should not be problems. all its doing is to reduce potential (unsuccessful) judicial review cases against applications on basis of marriage where one is illegal or has a deportation order, despite the department making it clear on their website that such applications will be refused (excluding eu marriages). you can't deny there is a trend of certain marriages trying to bypass the laws occuring. looking forward to seeing the stats for judicial seperation and divorce in the coming years to see if there really is a trend of sham marriages

if feel sorry for the genuine people.

acme4242
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Post by acme4242 » Sun Nov 29, 2009 12:55 am

There has been NO legislation proposed in Ireland to make
such sham marriages a crime and annul such marriages.
Annulment means that the marriage never actually existed.
That is all the Minister of Justice had to do.
He did not need to attack the institution of marriage and the rights
and dignity of genuine married families.

Stop saying the draconian Irish Immigration legislation of
recent years is about combating sham marriages.
It has been a wholesale import of British Anti-Family, Anti-Marriage laws.
That cares nothing for the Family.
Last edited by acme4242 on Sun Nov 29, 2009 6:03 pm, edited 1 time in total.

walrusgumble
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Post by walrusgumble » Sun Nov 29, 2009 4:10 pm

acme4242 wrote:There has been NO legislation proposed in Ireland to make
such shame marriages a crime and annul such marriages.
Annulment means that the marriage never actually existed.
That is all the Minister of Justice had to do.
He did not need to attack the institution of marriage and the rights
and dignity of genuine married families.

Stop saying the draconian Irish Immigration legislation of
recent years is about combating shame marriages.
It has been a wholesale import of British Anti-Family, Anti-Marriage laws.
That cares nothing for the Family.
i think there is some very very old legislation that deals with it. there may already be offences in place for sham marriages, see the illegal immigrant act 2000 and the immgration act 2004.(albeiting people to coming in illegally)

well, then people, including the irish themselves, should stop getting involved in such transactions. Under artilce 41 of the constitution, the minister has an obligation to protect the intergrity of such marriage, i am sure you would agree, that a sham marriage does attack the integrity of the institution of marriage. this provision is an attempt to stop this happening in the first place. an illegal immigrant (no eu) has no right to be in the state or eu in the first place, never mind getting married. The EU itself and the ECtHR have noted cases that no member state is obliged to guarantee / respect a married couples choice of residence where there are no obstacles to residing elsewhere.

Ireland is prevented, by EU, from taking action, therefore bringing this provision into Irish domestic law tries t prevent any notion of sham marriages occuring, thus committing an offence and it conveniently allows EU not to review the legislation (which took years to deal with) and pretend all is well,

http://news.bbc.co.uk/2/hi/uk_news/4480729.stm
http://www.rte.ie/news/2008/0925/marriage.html
http://www.independent.ie/national-news ... 68728.html
http://news.bbc.co.uk/2/hi/uk_news/nort ... 065534.stm
http://www.encyclopedia.com/doc/1G1-179435664.html
http://monkeyfilter.com/link.php/9853
http://findarticles.com/p/news-articles ... n35063179/
http://news.bbc.co.uk/2/hi/uk_news/4894544.stm
http://www.guardian.co.uk/politics/2007 ... mmigration
http://www.irishtimes.com/newspaper/bre ... king13.htm

Ireland maybe prevented, by EU, from taking action, therefore bringing this provision into Irish domestic law tries to prevent any notion of sham marriages occuring, thus committing an offence and it conveniently allows EU not to review the legislation (which took years to deal with) and pretend all is well ( of course if belgium and france had problems all would be reviewed).

http://www.irishtimes.com/newspaper/ire ... 39443.html

This maybe against EU law if it effects other EU citizens residing in Ireland who wish to marry, its not far off from old Regulation 3.2 of the 2006 Irish regulation which required legal residence in another EU state, an amendment to counter fears of Metock may be on the way (fat chance though the British and Germans seemed in favour). Wait when this matter becomes an issue for other bigger EU states. THe last few articles in Directive 2004/38 EC provides a provision in relation to marriage of conveniences.

but yes, you make a good point. check here, all of a sudden ireland don't seem to be pressing ahead with the issue at EU level.http://www.europeanvoice.com/article/20 ... 65928.aspx

draconian as it maybe, this issue aint going away
http://www.europeanvoice.com/article/20 ... 65362.aspx

http://www.rte.ie/news/2009/0702/marriage.html

any way, with thecountry gone to the pot and non irish eu citizens living in ireland joining the doe que, ireland will hardly need to worry about this issue for a long time.

acme4242
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Post by acme4242 » Sun Nov 29, 2009 6:24 pm

quote from
http://www.independent.ie/national-news ... 72358.html
The Latvian authorities are apparently amazed at Ireland's lax controls over arranged or bogus marriages.

Last month, Latvian police said that they have been informed by the garda that such "marriages" are "not a crime" in Ireland.
If it had happened in Latvian we could have put them in prison
There is not one piece of Irish Legislation written that makes it a
punishable offense

All the draconian Irish Immigration legislation of
recent years has been to remove rights and dignity of Genuine Marriage.
And match the British in their contempt for the institution and its citizens.

I can still see McDowell introducing his 'Fields of Athenry" legislation
allowing him to deport the spouse of Irish Citizens for criminal offenses.
He said it was to combat bogus marriages.

It really seems they want to maintain the allegations of sham
marriages, so they can keep introducing further draconian
Immigration legislation at will.
Last edited by acme4242 on Mon Nov 30, 2009 8:55 am, edited 4 times in total.

Obie
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Ireland

Post by Obie » Sun Nov 29, 2009 6:33 pm

There is no EU law that restricts Ireland from taking actions against so called marriages of convenience.

Article 35 of the directive makes provision for member state to take action against abuse.

What the EU commission is fighting against, is countries using the so called sham marriage allegation as a means of striping of citizen's right, or use it as a form of collective punishment, or to cut down number of foreign national with rights to stay on grounds of nationality or skin colour.


In metock, there was not a single one of the couple that were involved in marriage of convenience, yet still the Irish authority wanted to deprive them of their rights.

Therefore, there is no veracity in the argument that the directive stops memberstates from fighting against marriages of convenience, as it doesn't.
Smooth seas do not make skilful sailors

walrusgumble
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Post by walrusgumble » Mon Nov 30, 2009 9:43 am

acme4242 wrote:quote from
http://www.independent.ie/national-news ... 72358.html
The Latvian authorities are apparently amazed at Ireland's lax controls over arranged or bogus marriages.

Last month, Latvian police said that they have been informed by the garda that such "marriages" are "not a crime" in Ireland.
If it had happened in Latvian we could have put them in prison
There is not one piece of Irish Legislation written that makes it a
punishable offense

All the draconian Irish Immigration legislation of
recent years has been to remove rights and dignity of Genuine Marriage.
And match the British in their contempt for the institution and its citizens.

I can still see McDowell introducing his 'Fields of Athenry" legislation
allowing him to deport the spouse of Irish Citizens for criminal offenses.
He said it was to combat bogus marriages.

It really seems they want to maintain the allegations of sham
marriages, so they can keep introducing further draconian
Immigration legislation at will.
well, with employment down, these type of marriages will be rare now, so yeah, the department won't be able to rely on "sham marriages" as an excuse. But the figures provided above in the links (the percent of receipants of deportation orders and the extremely odd clash nationalities and culture of the spouses with very little evidence of a lengthy and durable relationship prior to the marriages speaks for itself.

I accept though, regardless of legality of the non eu person who marries an Irish person, that the blanket rule can't and should not be used all the time. Regard must be had for the duration of the relationship PRIOR to the marriage and whether they shared home and finanical committments, whether there were children in the relationship, length of marriage, financial responsibilities to each other, whether there would be insurmountable obstacles in moving to another country (e.g where irish spouse has other children from previous relationships)

other than the above considerations, how else could a case be fairely assessed in the situation where a non eu person had no legal status / deportation order during most of the time of courtship and marriage?

Any illegal person thinking about getting married in this state would need to strongly consider their posting and lenght of relationship before making a successful application for residence on basis of marriage

acme4242
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Post by acme4242 » Mon May 31, 2010 9:30 am

So lets hope this is the end for this dreadful draconian shameful Bill.

The Government is withdrawing the Immigration, Residence and
Protection Bill 2008 and intends to introduce a new version. Let's hope
the new, third version of the Bill contains clear rules, is fair and
transparent and takes account of NGOs' submission about the many
problems contained in the old version. See the story in today's Irish
Times.

http://www.irishtimes.com/newspaper/fro ... 06057.html

[quote="Irish Times"]
Ahern rules out granting asylum seekers right to work

MINISTER FOR Justice Dermot Ahern has rejected appeals to give asylum
seekers the right to work, saying that this would not be appropriate in
the current economic climate. He was speaking as he announced the
surprise withdrawal of a major Immigration Bill passing through the Dáil.

Ruling out allowing asylum seekers to work, he said: “I don’t think the
Irish people would thank us, given the fact we have 280,000
unemployed people across the country and 430,000 on the Live Register.â€

Tandor
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Post by Tandor » Fri Jul 02, 2010 10:54 pm


acme4242
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Post by acme4242 » Sat Jul 17, 2010 4:52 pm

IMMIGRATION, RESIDENCE AND PROTECTION BILL 2010
IMMIGRATION, RESIDENCE AND PROTECTION BILL 2010 wrote: 7.—For the avoidance of doubt, the fact that a foreign national
seeking to enter into or be present or remain in the State is married,
or related by marriage, to a particular person does not, of itself,
create any entitlement for that foreign national to be granted a visa,
entry permission or residence permission, or have a residence per-
mission renewed under this Act.

Marriage itself not to create immigration advantage.
The Irish Government cannot make such a broad law, unless it is limited to
only Irish Families as this cannot apply to family members of community nationals,
or family members of legally recognised Refugees and Asylum beneficiaries.
I don't know about family of Non-EEA Citizen (green card holder) or
Non-EEA Citizen (work permit holder)


European Court of Justice
European Court of Justice wrote: A national of a non-Member State who is the member of the family of a
Community national exercising his right of freedom of movement cannot
be equated with a national of a non-Member State without that family tie;
on the contrary, that national of a non-Member State is the beneficiary of
derived rights under Community law and thus enjoys the same rights of
entry into and residence in the territory of another Member State as a
Community national.

Monifé
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Post by Monifé » Tue Jul 20, 2010 11:58 am

acme4242 wrote:IMMIGRATION, RESIDENCE AND PROTECTION BILL 2010
IMMIGRATION, RESIDENCE AND PROTECTION BILL 2010 wrote: 7.—For the avoidance of doubt, the fact that a foreign national
seeking to enter into or be present or remain in the State is married,
or related by marriage, to a particular person does not, of itself,
create any entitlement for that foreign national to be granted a visa,
entry permission or residence permission, or have a residence per-
mission renewed under this Act.

Marriage itself not to create immigration advantage.
The Irish Government cannot make such a broad law, unless it is limited to
only Irish Families as this cannot apply to family members of community nationals,
or family members of legally recognised Refugees and Asylum beneficiaries.
I don't know about family of Non-EEA Citizen (green card holder) or
Non-EEA Citizen (work permit holder)


European Court of Justice
European Court of Justice wrote: A national of a non-Member State who is the member of the family of a
Community national exercising his right of freedom of movement cannot
be equated with a national of a non-Member State without that family tie;
on the contrary, that national of a non-Member State is the beneficiary of
derived rights under Community law and thus enjoys the same rights of
entry into and residence in the territory of another Member State as a
Community national.
This is absolutely ridiculous. Just shows how dearly beloved the DOJ actually are. Saying that marriage can't create an immigration advantage, so are the assuming that all marriages to non-nationals are for immigration purposes. They are actually so retarded in that department!

This I think could also go against the constitution because lets say you have an australian man married to an irish woman, came here on a working holiday visa and then didn't go home because he fell in love. She gets pregnant but the DOJ say that he has NO RIGHT to live here.

Stupid it is!!!
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

acme4242
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Post by acme4242 » Tue Jul 20, 2010 4:07 pm

What you are seeing is a Fianna Fáil strategy started by John O'Donoghue and finished now by Ahern, to remove rights.

http://www.gov.ie/committees-00/c-justi ... efault.htm
Minister For Justice wrote: The termination of the post-nuptial citizenship scheme will not
adversely affect the situation of non-national spouses in terms, for
example, of their joining their Irish spouses in this State. There are well
established immigration procedures which secure the admission of
non-national spouses of Irish nationals

The present immigration arrangements recognise the special position
of non-national spouses of Irish citizens. Such spouses, regardless of
their nationality, There are no immigration limitations operating to inhibit
non-national spouses seeking to come to the State.

In the immigration and residence Bill which is being drafted in the
Department at present to replace the entirely outdated and inadvisedly
named Aliens Act and its associated orders with a modern and sensible
code of immigration law, the immigration status of non-national spouses
of Irish citizens will be reaffirmed.
Needless to say, when he got post-nuptial citizenship removed, he never
reaffirmed the procedures which secure the admission of non-national spouses of Irish nationals.

Dermot Ahern will now remove doubt.
I don't really understand why they hate Irish Citizens who marry foreigners.

acme4242
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Post by acme4242 » Sun Oct 03, 2010 7:33 pm

So the 2010 bill is due for debate this Wednesday

[quote="The Immigrant Council of Ireland (ICI) press release"]
Sunday October 3, 2010.

Costly court challenges are inevitable if Government persists with move to allow summary deportations: Immigrant Council of Ireland

Costly court challenges will inevitably follow Government moves to allow for summary deportation of migrants in proposed new immigration legislation, Immigrant Council of Ireland chief executive Denise Charlton said today.

The Bill is scheduled to be debated in the Dáil on Wednesday.

Ms Charlton said provisions in the Immigration, Residence and Protection Bill 2010 allowing for summary deportations were contrary to 2008 Supreme Court rulings setting out the issues the Government must take into account before deporting someone.

“In addition, the provisions ignore a recommendation from the UN Human Rights Committee which urged Ireland to outlaw summary deportations as they are contrary to international law,â€

fatty patty
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Post by fatty patty » Sun Oct 03, 2010 9:27 pm

acme4242 wrote:What you are seeing is a Fianna Fáil strategy started by John O'Donoghue and finished now by Ahern, to remove rights.

Needless to say, when he got post-nuptial citizenship removed, he never
reaffirmed the procedures which secure the admission of non-national spouses of Irish nationals.

Dermot Ahern will now remove doubt.
I don't really understand why they hate Irish Citizens who marry foreigners.
Spot on! :lol:
So the 2010 bill is due for debate this Wednesday
Read on the board that there is a protest infront of the dail the very day this bill is up for debate. DoJ already crushed Irish spouses now there will be more and more draconian measure be introduced especially for EU Fam & asylum cases. It's all to score some political points as we see it all across europe, when the going gets tough for the governments, they turn to the most vulnerable in the society "IMMIGRANTS". Play fear card to stir up the locals and blow things out of proportion to score votes.

fatty patty
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protest outside Dail

Post by fatty patty » Wed Oct 06, 2010 4:50 pm


9jeirean
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Post by 9jeirean » Thu Oct 07, 2010 9:29 am

Extracts from the submission by Alan Shatter TD during yesterday's dail debate on the Immigration bill. You can follow the full debate here

http://www.kildarestreet.com/debates/?i ... hip#g242.0


[quote]The Bill delegates excessive power to the Minister for Justice and Law Reform. Under it, the Minister has broad discretionary powers to make orders and regulations to hammer out the nuts and bolts of the system of immigration control. In too many parts, despite its extraordinary length, the Bill is a mere skeleton lacking legislative flesh and fails to provide the essential legal certainty required in this very important area of our law. It fails to clearly specify who can enter the State, the rules applicable to determine how long they can stay, the circumstances in which they can be joined by family members and what rights and entitlements attach to migrants when lawfully present in Ireland. The broad indeterminate and discretionary provisions contained in the Bill will continue to preserve the risk of individuals being unjustly treated as a consequence of arbitrary decisions. While undoubtedly the legislation should provide for some flexibility and not be a straitjacket, in its current form it is too imprecise and confers an excessive and unnecessarily broad discretionary power on the Minister.
The Minister is essentially delegating to himself such broad powers to make regulations under the Bill as to be effectively establishing himself as an alternative, independent and individual Dáil Chamber. The Bill is designed by the Minister to essentially establish “Oireachtas Ahernâ€

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