Seán Crowe (Dublin South West, Sinn Fein)

Yet again the Government is ploughing ahead with unnecessary constitutional change without any acknowledgement of the people's right to weigh up the facts. Three weeks ago, the House dealt with the electronic voting agenda and the Minister for Justice, Equality and Law Reform, Deputy McDowell, now wants to thwart the future of a generation of children at the press of a button.

We are told there is a problem in regard to people coming to Ireland to abuse our Irish welcome, that the Constitution needs to be changed and that women are arriving on our shores late in pregnancy and causing problems in our hospitals. However, we are not told what this Government is doing to prevent this dangerous practice. We are told there is a problem but not the scale of the problem. Are we being asked to change the Constitution on the grounds that the Government knows best? It seems so.

If someone asks what nationality a person is, the answer usually relates to the country where he or she was born. If one travels through an airport, applies for a birth certificate or completes a CV, the basic question of nationality is usually covered by declaring one's country of birth. It means in most cases where one's national affinity lies. Surely, if one is born in Ireland one is entitled to call oneself Irish and to be treated like everyone else.

Immigrants are not lesser beings but are most often highly driven and hard working people who have put their hearts into making better lives for themselves and their families. Immigration stands to enrich Irish society. Irish people come from the same history, are of the same calibre and have much to gain from those who come here with their skills, cultural and linguistic talents, etc. Most who come here do not see themselves as guest workers or temporary visitors. They fundamentally wish to stay and Ireland needs to face up to this and start to integrate these potential new citizens from the start. If we do not we will reinforce a two-tier society where some are rich and secure while others are forced to live in a perpetual state of uncertainty with minimum rights.

There is an arrogance to the Government's style, the same arrogance that emerged with the Nice treaty debate when the people gave a clear "No" response. What happened? They were told they had got it wrong and must go back to the drawing board. We are now told that we must slam what is perceived as the back door to Europe in the faces of children. However, Ireland is more than a back door to Europe and the fact that so many from other nations are making this a destination country is a great compliment and a heartening indication of the positive light in which Ireland is seen throughout the world.

Rather than rushing into a referendum, the Government needs to formulate an adequate immigration policy. The future cohesion of Irish society will rely in part on a proper management of immigration. The issue of integration also needs to be addressed and open discussion on the issues is essential. A rushed referendum will stop any chance of such debate.

Sinn Féin is opposed to this referendum and, at the very least, is calling for its postponement to allow for a proper debate. Bruce Morrison, who has been supportive of illegal Irish emigrants in the US and a friend of the Irish peace process, spoke recently in Ireland and stated it is long past time for Ireland to face up to its new role as a destination country and that role involves hard choices and important investments. If we do not create adequate immigration laws, we will pay the price down the road. As Bruce Morrison pointed out, we have a chance to get it right now if the Government would approach the matter in a responsible way.

The Immigrant Council of Ireland has also expressed concern at the proposed citizenship referendum, stating the Irish people have a right to consider any possible changes to the Constitution on the issue of citizenship. The proposed referendum asks people to vote on the fundamental principle of Irish identity. We own the Constitution and if changes are to be considered, then it is important that voters have the time to judge the implications.

There are also concerns that the proposed new legislation on citizenship may contravene long established aspects of human rights as outlined in Articles 2, 5, 24 and 26 of the International Convention on Civil and Political Rights and Article 26 of the Convention on the Rights of the Child. Article 7.1 of that convention states that the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. Article 7.2 states that parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, particularly where the child would otherwise be stateless.

On every important human rights issue the Government has sidelined the Human Rights Commission, the institution established to make informed judgments on these matters. We had the Immigration Acts 2003 and 2004, the Equality Bill 2004, the liquor Act 2003, the European Arrest Warrant Act 2003 and the European Convention on Human Rights Act 2003. True to form, the Minister overlooked the Human Rights Commission when making this proposed change. If the Government insists on railroading us into this referendum, it should at least allow sufficient time for all the information to be analysed so the public can make an informed decision. The people should be given credit for their intelligence. We have the right to make our own decisions and not to be pushed into situations to suit the Government's agenda. If the referendum goes ahead, Sinn Féin will ask the people to vote "No".

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