Michael McDowell (Dublin South East, Progressive Democrats)

The new Article 2, along with Article 3, arose out of the complex of agreements known as the Good Friday Agreement. The aim of the two new Articles was to replace the territorial claim made in the pre-existing Articles 2 and 3 with a formula which recognised the legitimate aspirations of all sectors of society in Northern Ireland. The British-Irish Agreement, which represents the international element of that complex of agreements, also addressed the aspirations of the people of Northern Ireland. As regards citizenship, Article 1(vi) of that agreement recognises "the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose".

In Annex 2 to that agreement, the two Governments declare that it is their joint understanding that the term "the people of Northern Ireland" in Article 1(vi) means, for the purpose of that provision, "all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence". That means people who were born to an Irish citizen, a British citizen or to a long-term resident. Thus, a person born in Northern Ireland to parents, neither of whom is British or Irish or has a right to reside in Northern Ireland without restriction on their period of residence, is not part of the people of Northern Ireland according to the common understanding of the two Governments. However, by virtue of Article 2 of the Constitution, such a person is part of the Irish nation and is entitled to citizenship. The effect of Article 2, however, is that the entitlement and birthright to be part of the Irish nation extends even to people born in Northern Ireland who are not part of the people of Northern Ireland. This is an anomalous and undesirable effect. The Government's proposals are designed to address this undesirable anomaly in a manner consistent with our international obligations under the British-Irish Agreement and within the spirit of the Good Friday Agreement as a whole. That the Government's approach is so consistent is acknowledged in the joint interpretative declaration issued by both Governments on Monday, 19 April.

The undesirability of the effect to which I have referred stems from the fact that persons with no substantial links to Ireland, North or South, are arranging their affairs so as to ensure that a child is born within the island of Ireland, thus acquiring, despite the lack of association with either part of the island, an entitlement and birthright to be part of the Irish nation.

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