Dáil debates

Wednesday, 21 April 2004

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage.

 

1:00 pm

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

I am aware of recent criticism about this proposed referendum and the related legislative proposal. However, opponents of this change have failed to recognise the views of the Constitution Review Group. In its report of May 1996 the Constitution Review Group addressed the issue of citizenship and 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 for legislation. I agree with the eminent group chaired by Dr. T. K. Whitaker 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 annexe 2 of the British-Irish Agreement are also protected. Article 2 remains in our Constitution. It is not being deleted.

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 and the Government has proposed one. The Opposition has 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 recognition that citizenship is about obligations as well as rights. It is about stopping the exploitation of our Constitution to exploit European citizenship. 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, and the latter is not an acceptable option. The former is the course we are pursuing. The 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 11 June will provide ample time for debate, reflection and consideration by the people. To those who object to the referendum taking place on 11 June I say this: 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.

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