Ceann Comhairle,
I am pleased to be here today to contribute to this important debate.
Let me start off by identifying the issue upon which there is apparent agreement. There is clear and systematic abuse of Ireland's constitutional right to citizenship. This is a problem. What we need to do - in a rational way is to identify a solution to this problem. That is what this referendum is about. It is obvious that citizenship is a fundamental aspect of our political system. But citizenship is not only concerned with rights. It is also about duties and responsibilities. It is about the relationship between the State and its citizens and the duties of citizens toward other citizens. Abuse can devalue our sense of citizenship. And this we need to prevent.
British Irish Agreement
In approaching the solution to this problem the Government was particularly conscious that Article 2 of the Constitution had its origins in the British Irish Agreement. We wished to maintain the integrity of that Agreement in preparing a change to our Constitution. We do not wish to be in breach of that Agreement which imposed obligations on the two Governments.
For this reason, both the Irish and British Governments - the parties to the British Irish Agreement have issued an Interpretive Declaration. It is clear and unequivocal in its terms. It acknowledges that the two Governments have considered the current effects and consequences of Article 2 of the Constitution. It states that it was never the intention of either Government that persons born on the island of Ireland to parents who did not have, at the date of birth, a sufficient connection with the island of Ireland would be conferred with Irish citizenship.
Thus both Governments accept that amending Article 9 is not a breach of the British Irish Agreement. It is simply not tenable to argue that anyone wanted to see our citizenship laws being abused in a manner that is now all too frequent.
The Interpretive Declaration is a legal document with a status in international law that copper fastens the integrity of the British Irish Agreement and eliminates any suggestion that there is any breach of the Agreements provisions. That there is and will be no breach of the British Irish Agreement is now beyond dispute.
Substance of the proposal
Because of the confusing and confused public statements about this proposed referendum I intend to set out what will be the constitutional and legal position, on citizenship, should the people pass this proposed referendum. Article 2 and the new Article 9, combined with the enactment of the draft legislation,will have the following effects.
(1) A child born on the island of Ireland, at least one of whose parents is an Irish citizen or entitled to Irish citizenship, will continue to enjoy, by virtue of Article 2 of the Constitution, a constitutional right to Irish citizenship. Thus a child born in Belfast to parents at least one of whom is an Irish citizen or entitled to Irish citizenship continues to have a constitutional right to Irish citizenship.
(2) A child born on the island of Ireland, at least one of whose parents is a British citizen will be entitled to Irish citizenship. This right will derive from statute. The obligation to grant citizenship to this category of persons when born in Northern Ireland is provided for in Article1(vi) of the British Irish Agreement and Annex 2 to that Agreement.
(3) A child born on the island of Ireland at least one of whose parents is entitled to reside in Northern Ireland without any restriction on their period of residence will be entitled to Irish citizenship. This right will derive from statute. The obligation to grant citizenship to this category of persons when born in Northern Ireland is provided for in Article 1(vi) of the British Irish Agreement, and Annex 2 to, that Agreement. Article 1(vi) of, and Annex 2 to,the British Irish Agreement are thus being compiled with.
(4) A child born on the island of Ireland at least one of whose parents is entitled to reside in the State without any restriction on their period of residence will be entitled to Irish citizenship. This right will derive from Statute.
(5) A child born on the island of Ireland, at least one of whose parents has been lawfully resident on the island of Ireland for not less than three out of the four years immediately preceding the childs birth will be entitled to Irish citizenship, except where the parent was during that period residing in the island of Ireland pending the outcome of an application for refugee status or pursuant to a permission to reside for educational purposes. This right will derive from statute.
Proposal will bring us in line with other EU Member States
Through the referendum we will confer on the Oireachtas the power to legislate for the conditions for the grant of citizenship to children of non-nationals. We will not be unique in this respect. All other Member States of the European Union provide for the acquisition of citizenship through legislation or regulation. None of these Member States has a constitutional right to citizenship by virtue of birth in their territory. Notwithstanding that this is so and even after the proposed amendment is passed we will still provide for the right to citizenship for certain categories of persons in our Constitution. However, the right to acquire Irish citizenship for persons born in Ireland, who do not have at least one parent who is an Irish citizen or entitled to become an Irish citizen,will now be regulated by statute.
We also need to protect our laws from being used to abuse European citizenship. We know from the Chen case that is currently before the European Court of Justice that the acquisition of Irish citizenship by children of non-nationals (with no sufficient connection to Ireland) has implications for other Member States.
That case concerns the birth in Belfast of a child to a Chinese woman who is claiming a right to reside in Britain by virtue of the Irish citizenship of her child. It is common ground in that case that the reason Mrs. Chen went to Belfast was to ensure her child, when born, would acquire Irish nationality, thereby enabling her mother to raise a possible claim to remain in the United Kingdom. This situation illustrates an unacceptable consequence of Article 2 of the Constitution. This abuse is not what the Governments and, I believe, the Irish people expected would occur. But it has occurred and we need to take corrective measures. Hence the proposed referendum.
Proposal on legislation is in line with recommendations of Constitution Review Group.
Ceann Comhairle, I am aware of recent criticism about this proposed referendum and the related legislative proposal. However, what opponents of this change have failed to recognise is the views of the Constitution Review Group. In its report in May 1996 the Constitution Review Group addressed the issue of citizenship. It made a recommendation that the acquisition of Irish citizenship, should not be provided for by the Constitution,but on the contrary should be set forth in legislation. The justification for this proposal was simply stated. The imposition of conditions and qualifications on the grant of Irish citizenship is more appropriately a matter of legislation. I agree with the eminent group (chaired by Dr. TK Whittaker)which prepared this report. But my agreement is qualified by the desire to ensure that for children born on the island of Ireland, whose parents are Irish citizens or entitled to become Irish citizens, the right to Irish citizenship remains enshrined in the Constitution.
The rights of children of non-nationals to Irish citizenship will as a result of this proposed amendment to Article 9 be provided for in legislation.
But at the same time those born to Irish citizens or to those entitled to Irish citizenship will continue to have a constitutional right to Irish citizenship.
This cannot be repeated often enough. The birthright to citizenship for these persons, which includes those born in Northern Ireland, is being maintained. The rights of the people of Northern Ireland (as defined in Annex 2 of the British Irish Agreement) are also protected. Article 2 remains in our Constitution. It is not being deleted.
A referendum is necessary
We all want to have an enlightened debate about these proposed changes. Misrepresentation of the consequences of the proposed amendment serves only to obscure the real issue. That is to take appropriate and proportionate measures to end the abuse of our citizenship laws. We need a solution. This Government has proposed one. The Opposition have criticised the process of consultation but, so far, not the principle of preventing abuse of our rights to citizenship. If it is agreed that there is a problem then surely we must recognise the need for a solution. The status quo is not acceptable.
The issue, at the heart of the referendum is clear and simple. It is about stopping abuse of our Constitution. It also involves a recognition that citizenship is about obligations as well as rights. It is about stopping the exploitation of our Constitution to exploit European citizenship.
I believe that the Irish people understand what we are about. They know and appreciate that the choice is an obvious one. We can either do something or do nothing. The latter is not an acceptable option. The former is the course we are pursuing.
This Government will not abdicate its responsibility to promote a measure to solve a widely recognised and acknowledged problem. We need to protect our Constitution and our citizenship laws from abuse.
Through the procedure of the referendum the Irish people are being given the right to decide, as the final arbiters of national policy, whether they wish the current situation to continue or not. The period between now and the 11th June will provide ample time for debate, reflection and consideration by the people.
Timing of the referendum
I have this to say to those who object to the referendum taking place on the 11th June. On the basis that there is a problem that needs to be solved, why should we delay its solution? For how long are we to delay consulting with the Irish people in order to allow them to decide on this issue? The presidential election would be an utterly unsuitable occasion for this referendum for reasons that are obvious to everyone.
What more suitable day exists than one which ensures maximum participation in the democratic process of voting the date of an election. The choice of the 11th June is thus both reasonable and fair.
Our decision to hold this referendum occurred against a background of looking at other possible solutions. For sometime we have examined potential legislative solutions to this problem. None of them was compatible with the Constitution. We also sought to clarify the law before the Supreme Court in the L and O case and anticipated that this might have mitigated the problem. This turned out not to be the case. Indeed a different problem developed with non-nationals coming to Ireland for the purposes of the birth of a child and the acquisition of citizenship and then leaving the country.
This is not a phenomenon we are obliged to tolerate any longer. While immigration was a known fact at the time of the conclusion of the British Irish Agreement the substance and degree of the abuse of our Constitution requires us to now act to resolve this situation. After proper reflection on our position the clear and only option open to us was to propose an amendment to the Constitution. This we have now done.
The origin of the problem is constitutional in nature. Hence, a referendum is an essential and unavoidable part of that solution. Delay in holding the referendum would merely extend the opportunity for further abuse of our laws on citizenship. That is not acceptable. There can be no greater illustration of our democracy than to consult the Irish people. That is the inherently democratic exercise in which we are now engaged. How can anyone fear expression of the will of the Irish people?
This is not a racist referendum
Finally, I consider the allegation that this is a racist referendum to be deeply offensive. This is a slur on the Irish people. It is an insult to the intelligence of our electorate and it is the ultimate act of cynicism. I can think of nothing more cynical than to oppose this referendum,knowing there is a problem to be solved.
I believe that those who have predicted a racist dimension to the referendum should now reflect on the wisdom of their allegations and address the proposed change on its merits and not on the basis of sound bites and slurs. In everyones interest they ought to avoid creating by their language a self fulfilling prophecy. It is not the Government, but others, who have brought the issue of race into this debate. We have proposed new citizenship laws which will continue to grant citizenship regardless of race. The race card should not be played by either side.
I commend this proposed referendum to this House and to the Irish people.
ENDS