Seán Haughey (Dublin North Central, Fianna Fail)

I wish to share time with the Taoiseach. All states need effective laws to deal with the entry, residence and departure of non-nationals in the interests of the wellbeing of society. Governments must protect the borders of the state, its economy and public services as far as practicable. A government that does not do this would be behaving in a reckless and irresponsible manner.

The Bill before the House is reasonable and balanced and is another policy initiative, following the introduction of a series of measures since 1997 to deal with the issue of immigration. The Government proposes to amend Article 9 of the Constitution to return to the Oireachtas the power to decide the citizenship entitlements of people born on the island of Ireland, neither of whose parents is an Irish citizen. It also proposes to introduce the Irish Nationality and Citizenship (Amendment) Bill 2004 if the referendum is passed. This Bill has been published.

The Bill will provide that in the case of a child born to non-nationals, at least one of the parents will have to have been resident in Ireland for three of the four years preceding the birth of the child before the child becomes entitled to Irish citizenship. Where either parent of a child born anywhere in Ireland is a UK national or long-term resident, the child will be entitled to Irish citizenship. I join the Minister for Justice, Equality and Law Reform in calling for a calm, measured and informed debate, both inside and outside this House. Everybody's view deserves to be listened to and treated with respect.

The wider immigration question — issues regarding refugees, asylum seekers and non-nationals generally — is one of the most important questions this society has to deal with today. It is a matter of great concern in the community. When the history of this time is written, the decisive measures taken in this regard by this Minister and his predecessor, Deputy O'Donoghue, since 1997 will then be fully appreciated.

The Opposition has stated that this referendum is being rushed and has been hastily planned. I cannot agree. If anything, the Government probably should have acted sooner on this matter. The programme for Government stated that the Government will keep under review the number of applications from non-nationals to remain in the State on the basis of parentage of an Irish-born child and initiate all-party discussions on the issue of such constitutional or other measures which might be required. This referendum has been on the cards for some time and now is the time to proceed with it.

The other argument put forward by the Opposition, that a referendum should not be held at the same time as the local and European elections, is also fallacious. Its argument is that we should not discuss a political issue, a matter connected with immigration, in the context of democratic elections involving candidates. Heaven forbid. This is simply turning democracy on its head. The Opposition, in pursuing this argument, underestimates public representatives who, by and large, are responsible people. It also underestimates the intelligence of Irish people.

This referendum has been on the cards for some time now. The time has come to proceed with it.

The other argument put forward by the Opposition — that a referendum should not be held at this time as the local and European elections are under way — is also fallacious. Its members contend that we should not discuss a political issue, a matter connected with immigration, in the context of democratic elections involving candidates — heaven forbid. This is simply turning democracy on its head. In pursuing this line the Opposition under estimates public representatives who, by and large, are responsible people, and they under estimate the intelligence of the people generally. I have a problem with the idea of an intellectually superior elite deciding what issues people can or cannot cope with, and I am uneasy with the notion that legislators know best. Immigration is a controversial issue, but matters arising from this can and should be put to the people for a decision. They will decide on it, in their wisdom, in due course. What could be more democratic than this? It is one man, one vote and everyone has his say.

The immigration question is being discussed throughout the length and breadth of Ireland. It is only right that we should have a national debate on it in the context of this proposal. Anybody seeking to have a debate on this should not be labelled racist. As a people, we are mature enough to discuss such matters. I also belong to the old school of thought that public representatives should represent the views of their electorate. They should show leadership, but this should not negate their representative role. There is considerable support for this measure in the wider community and I believe it will be passed. I suspect the Opposition Members also believe this. This is despite the fact that this measure has been universally condemned in the liberal press. That says something about the nature of the print media here. However, that is an argument for another day. The timing of the proposed referendum is the right one. There will be a bigger turn-out and everyone will have his say.

The idea of considering what people are saying on the ground was derided last night on "Tonight with Vincent Browne" when my colleague, Deputy Ardagh, had the audacity to put it forward. We all know what people say to us in our clinics. They relate anecdotal evidence of what is happening in our maternity hospitals. They say that non-nationals are taking our jobs and houses and so forth. Deputy Finian McGrath raised that issue in his contribution. I listen to what they have to say and I respond in a calm, objective way. Public representatives have made a major contribution towards combating racism and our role should not be under estimated by anyone.

Those in the Opposition have said there has been no consultation on this proposal. That is simply not true. As the Tánaiste said, we cannot have endless consultation on this issue. Many years ago, as a city councillor, I learned that constantly calling for more consultation on an issue is a tactic used by those who are fundamentally opposed to a measure but know they do not have the numbers to support them. There is an element of that in this debate. It is also the case that Opposition members attack the Government on any issue they can find. The enactment of the Irish nationality and citizenship (amendment) Bill 2004 will allow for much more consultation and debate when the time comes. I welcome the joint declaration from the British and Irish Governments in which they state that this referendum has no implications for the British-Irish Agreement. From experience I know the British, in particular, would not make such a statement lightly.

The Minister for Justice, Equality and Law Reform has stated that this referendum must go ahead because of a crisis in our maternity hospitals caused by the arrival of pregnant non-nationals and asylum seekers. He has also stated that we need this referendum to protect the integrity of Irish citizenship law. He pointed out that Ireland has the most liberal citizenship regime in Europe. The Irish Times criticised him for putting forward two different views but both views are equally acceptable and justify the legislation. I fully support the Bill.

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