Jim O'Keeffe (Cork South West, Fine Gael)

I raise the issue as one which should be explored. There are no direct flights to Dublin from Lagos, Bucharest, Manila or any of the other places to which the Minister has referred.

A possible legislative approach has been dealt with in some detail by Mr. Colm MacEochaidh, a colleague of the Minister at the Bar and a member of Fine Gael. He argues coherently that as no court or judge has declared definitively that Article 2 has the meaning contended by the Government, it is possible to introduce legislation to impose restrictions. If necessary, such legislation could be referred to the Supreme Court under Article 26. That argument has not been fully teased out. Mr. MacEochaidh makes the point that the decision to hold a referendum in circumstances where the need to alter the Constitution is not clearly and unambiguously established offends the idea of a constitution. Mr. MacEochaidh's basic point is that it is possible to introduce legislation to amend the Citizenship Act. If there are questions as to its constitutionality and the impact thereon of Article 2, the issue can be referred to the Supreme Court on the basis of the President's dissatisfaction. An adjudication can be arrived at there.

The advantage of such a course of action is that a Supreme Court decision would permit us to be quite clear as to the nature of the problem and the necessary extent of the minimal intervention in the Constitution required to bring it within the principle established by the court. That is one of many options which should be considered in the context of an all-party Oireachtas committee examination of the issue.

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