Ivor Callely (Dublin North Central, Fianna Fail)

I wish to share my time with my colleague, Deputy Conor Lenihan.

Citizenship is an important issue which goes to the heart of the nature of our State, our nation and our sovereignty. It is to be expected, therefore, that any proposal relating to citizenship will give rise, as this has, too much public and political debate. It is natural that people will hold passionate, sincere and strong views on the matter of citizenship. I have expressed my views on this issue over a number of years. Sadly some of these views have been misrepresented, however I remain firm in my view.

No matter how deeply we hold our views and how committed we are to one particular perspective in this debate, it is essential that we conduct ourselves in a responsible manner. As politicians, we should lead the electorate in a debate which focuses on the principle not the process, which concentrates the minds of voters on the substance of the proposal on which they must decide, and which assists them in that decision. It therefore behoves us to discuss this in a calm, measured and rational manner.

This is a timely, appropriate and proportionate proposal. It is also a simple straightforward proposal and those who state otherwise are being, at best, disingenuous or, at worst, misleading. This proposal does not seek to rewrite the Good Friday Agreement. It does not seek to amend or rewrite Article 2 of the Constitution, nor does it seek to put in place arrangements on the conferring of citizenship by statute which place us as a nation outside the norm of civilised nations throughout the world.

The effect of this referendum, if passed by the people, will be to give back 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 nor entitled to become an Irish citizen. It is a carefully balanced and well thought out amendment. If passed by the people, it will enable the Government to introduce legislation to deal with the citizenship entitlements of children born to parents, neither of whom is an Irish citizen. The Government has already published a draft of that Bill. In broad terms, that Bill will provide that in the case of a child born to non-national parents, at least one of the parents will have to have been resident in Ireland for three to four years preceding the birth of the child before the child becomes entitled to Irish citizenship.

What we are about here is closing off an extraordinary loophole in the circumstances where children born here who have no connection to this country are automatically deemed to be Irish citizens. Up to now we, as a country, are probably unique on a global basis in our generosity in this respect. That, in itself, is a situation which could not be sustained in the longer term but when people travel here from literally anywhere on the planet to take advantage of this situation, it is a problem which all sensible people agree needs to be addressed. Even the most trenchant opponents of the Government's proposals are prepared to concede that. However, those same opponents are not prepared to offer anything to address the problem. There are no easy answers or so-called soft options to deal with this issue and we must focus to ensure fairness and equity in our society in this regard. This Government, no more than any previous Government, does not lightly embark on a constitutional referendum and it does not go down that road without good and sustainable reasons.

It is clear to all sensible people and those with balanced views that there is a problem. The figures are there for all to see. In 2002, 4,440 children were born to non-national parents in the three Dublin maternity hospitals, representing 19.9% of the total births in those hospitals in that year. This year, the figure was 5,471 or 23.9% of total births. To give an example of the position outside the Dublin area, 2003 figures for Our Lady of Lourdes Hospital in Drogheda show that 20% of babies were born to non-national mothers.

Data which is available on one element of the immigrant cohort, that is, persons who have applied for asylum, indicates that from March to December 2002, 2,403 applications for asylum were received from pregnant women. In 2003, the figure was 1,893. Moreover, in both years 58% of female asylum applicants over the age of 16 were pregnant when they made their application. Finally, in 2002, 5,622 parents withdrew their claims for asylum on the basis that they had claimed a right of residency in the State on the basis of being parents of an Irish-born child.

Many Members have asked that we put this to an expert group. In 1996, the Constitution Review Group, chaired by T. K. Whitaker, considered whether the right of citizenship based on birth was something which should be dealt with in the Constitution or in legislation. The group which included many eminent lawyers, including three former Attorneys General, concluded that the issue was better dealt with in legislation. Their exact words were:

The Review Group, recognising that a provision on citizenship by birth necessarily includes exceptions and conditions and is correspondingly complex, is of the view that the subject is more appropriately dealt with in ordinary legislation. It concludes that a provision on the subject should not be inserted in the Article.

So what are we doing here? We are achieving exactly the position that the Constitution Review Group advised should prevail, that is, that citizenship should be governed by legislation. One does not even have to be a legal expert to know that the various conditions and exceptions which must be provided for in the area of citizenship are better dealt with in comprehensive legislation rather than in broad principles in the Constitution. This is a matter of common sense.

Governments have a duty to safeguard citizenship which is the essence of our sovereignty as a nation. It is more than just an entitlement to a passport. Citizens must show loyalty to the State and fidelity to the nation. Citizenship should not be available on foot of geographical circumstances of birth. There should be a greater connection with the country before an entitlement to citizenship and all it entails, arises.

A requirement that entitlement to citizenship would arise only where at least one parent of a child born in Ireland has three years' residency is a reasonable one. The Government's proposal will result in a fair and sensible citizenship law which will compare favourably with most EU member states. It will also acknowledge the role of non-nationals who have been here participating in Irish society for a number of years — people who are contributing to the economic, cultural and social fabric of our community. It will acknowledge that role in a fundamental way by extending to them after a reasonable period an entitlement for their children to become Irish citizens. There are many countries similar to our own which impose far more stringent requirements before such entitlements arise.

I reject the assertions of those who would say this is a racist proposal. I equally reject the view that we should not ask people who are already going to the polling stations on 11 June to vote for their local and European representatives to consider a simple question about who should decide how citizenship is granted in this country. I cannot accept the argument of those who would say they agree with the intent and purpose of the proposal, yet say that holding it on the same day as an election somehow turns it into a racist and unreasonable proposal. People who adopt those stances do a disservice to politics, politicians and the public we are elected to represent. Our constituents and electorate deserve more from us.

I do not accept that a reasonable and practical constitutional and legislative proposal which is designed to bring Ireland's immigration and citizenship laws into line with those of the rest of our European partners can be termed racist. A mature debate on immigration is needed in this country and we, as political parties, should lead the debate rather than engage in trite easy labelling and name calling in a quest for political point scoring. I know all about that because I have been there.

I do not believe that a reasonable proposal is transformed into a racist proposal purely by holding a referendum on the same day as an election. This belief shows little confidence in the ability of politicians, candidates or indeed voters to discuss serious issues. This is a serious issue with implications for the integrity of our immigration system, the value of Irish citizenship and for long-term economic and social needs and planning in this country.

I am only too well aware that any debate on these issues is capable of being distorted by those with racist intent. However, they are not the only people who can distort this debate. It can also be distorted by those who see racism where it does not exist and criticise proposals as being racist when they patently are not. They reduce the focus of debate from the merit or otherwise of the proposal and bring an unnecessarily confrontational and simplistic approach to what are serious issues. The task of the genuine contributor to this debate will be to determine whether the changes proposed are proportionate and balanced and to ensure that debate on the subject is well informed and constructive.

It would be wrong, however, to allow ourselves to be intimidated out of discussing these fundamental issues for fear that persons with ulterior motives might wish to exploit any discussion which occurs. We should also remember that if we fail to address the problem honestly and soon, we are allowing our laws to continue to act as an incentive to people to travel to give birth here and secure an Irish passport for their child. We must be realistic. I have heard two serious and well respected commentators state in the past few days that it is hard to blame people who live in less developed and less economically successful countries than ours for taking steps to ensure a better future for their children. What parent would not move heaven and earth to ensure his or her child has the best possible chance in life?

I want to stress the following two points. Is it sustainable that Ireland continue to be a destination for any parent around the world who wants to provide a better life for his or her child? More important, are we to allow to continue a situation where that incentive compels women to travel great distances putting their lives and those of their children in the gravest danger? There is no question but that lives could be lost if this continues. We will then ask ourselves why we did nothing to stop it. The Government's view is that this cannot and should not continue. That is why the people of Ireland should be asked to approve in a referendum a proposal to allow the Oireachtas to legislate to change it. Our law will no longer act as an incentive for women to put their lives at risk by travelling late in pregnancy, seeking to give their child what they perceive to be an edge, nor will it be an excuse for their partners or greedy traffickers to put pressure on mothers to make such journeys. It will not establish unfair or unreasonable barriers to Irish citizenship for children of non-nationals born here. A three-year residency requirement compares favourably with the citizenship laws of our EU neighbours as a measure of the substantial nature of the parent's link with Ireland.

It has been said, both inside and outside this House, that the proposal we seek to put to the sovereign people of this nation is rushed, not thought through and generally ill-advised. Are the proponents of this view suggesting we should not take action until the number of non-national births to people travelling here to benefit from our extraordinary system reaches a certain level? If so, let them come out and say it and share with us what they believe that level should be. Perhaps they believe it should be open-ended. Logically, if they do not believe so, they must have some point in mind at which they believe critical action must be taken. It is my firm and honestly held belief that we must take decisive action now.

I encourage people to inform themselves of the proposal, to study the matter carefully, to reflect on the Government's proposal and to make constructive suggestions on the legislative initiative so as to contribute to a calm, balanced, reasonable public debate before casting their votes on what is a relatively straightforward issue. The proposal, when implemented, will reflect Ireland's high regard for those who have come from abroad to establish themselves in, share in and contribute to Irish society by entitling their children born here to be Irish citizens by operation of law. At the same time, it will ensure that Irish citizenship is not regarded as a passport to a wider Europe but means something important to those who hold it, namely a sense of fidelity to the Irish nation and loyalty to the great Irish State.

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