Michael Mulcahy (Dublin South Central, Fianna Fail)

We should remind ourselves that whenever we seek to make any change to the Constitution, Bunreacht na hÉireann, we should do so carefully and warily. Bunreacht na hÉireann has served this country extremely well and is the backbone of our society, our community and of the body politic. This morning, the Joint Committee on European Affairs, of which I am a member, welcomed a delegation of Turkish parliamentarians who would probably envy a model of a Constitution like this, because of its great strengths, its separation of powers and emphasis on the public good. We should be very careful about changing the Constitution.

The new Article 2 of Bunreacht na hÉireann, introduced in 1998, was a significant change. As I understand it, until this new article was brought in there was no constitutional right to citizenship for every child born on the island of Ireland. There had been a legal right as enshrined in the Irish Nationality and Citizenship Acts 1956 and 1986. The amendment to the Anglo-Irish Agreement was a constitutional underpinning of a basic legislative right. It would not have been foreseen that certain people — a small minority — would abuse the position. The programme for Government provides 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.

We should remind ourselves of what constitutes citizenship. Citizenship gives rights and imposes obligations but it is all about belonging to a society. One is a citizen when one belongs to a society. The prospect that one person might come here, to have a child here who will gain citizenship but has no intention of retaining a connection or a commitment to Irish society is abhorrent and unacceptable. That even one person would seek to do that is a sufficiently strong reason to examine this provision. We must redouble our examination in light of our membership of the European Union.

Some have criticised the Minister for Justice, Equality and Law Reform for acting too hastily. Ministers for Justice, Equality and Law Reform are normally criticised for not acting quickly enough. It is difficult to get the balance right. Had the Minister for Justice, Equality and Law Reform not acted now, people would say — and it is being talked about on the streets — this provision was being abused. I will not dwell on the numbers of births in the Dublin maternity hospitals as that is a matter for public record. I do not need to use that argument for plugging this loophole. If only one or two people abuse what is one of the most sacrosanct things in our society, our citizenship, there is a requirement on us to look at the provision. Article 2, which perhaps was inserted too hastily, reads:

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation. . . .

It is proposed to amend Article 9 of the Constitution by the insertion of the following: "Notwithstanding any other provision of this Constitution, ..." There is a prima facie conflict between the new Article 9 and the 1998 Article 2. I would like a reassurance from the Minister for Justice, Equality and Law Reform that he obtained the requisite level of advice to ensure there will be no such conflict.

One aspect of the Opposition's stance on this matter is extraordinary. In his speech, the Labour Party leader said the Labour Party is not in favour of an open-door policy and does not believe that everyone who lands in Ireland is entitled to receive an Irish passport. No substance was accorded to that proposition. There was no argument or fleshing out of that statement. The Labour Party is trying to have its cake and eat it. It is saying it is against the referendum but that it does not support an open-door policy. What does it believe in? That is the question I would like answered. For the Labour Party to contribute to this debate in an honest and intellectually open way, it should say what it believes in. The statement from the Labour Party leader appears to accept the principle of the proposed amendment to be contained in Article 9 but, on the other hand, he is opposed to the referendum. The public will be mystified beyond belief by that attitude. By and large, the public will support the referendum because it holds dear the concept of Irish citizenship. When it is pointed out to the public, and it is the duty of the Minister for Justice, Equality and Law Reform to do so, the Irish people will want to close that loophole.

On the timing aspect, some have said the referendum should not take place on the same day as the local and European elections. We know also there is to be a presidential election later in the year. Is it being suggested that the people should be asked to go to the polls on three occasions in the one year? Is that what the Opposition is seeking? Surely it makes sense when people are going to the polls to ask them to cast their votes in the referendum while they are there rather than asking them to come back for another poll. That makes logical and commercial sense and most members of the public would thank us for organising the referendum for that day rather than being troubled with three referenda in the one year.

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