Eamon Ryan (Dublin South, Green Party)

If one checks the numbers for the previous year one can make a rough estimate of the numbers this year. It is certain we are not catering for the demand at present. That is an issue that is not being addressed in this debate or by the Government.

There is a concern about what the Minister has called citizenship tourism. However, the figures are starting to show clearly that this problem was addressed by the Supreme Court decision last year which took away the right for parents to claim citizenship on the basis of a child being born here. Our party publicly supported that decision, which addressed the issue of people travelling to this country to obtain citizenship. I do not believe people would voluntarily travel to this city, where it is incredibly difficult to obtain a house, where one has no rights as an asylum seeker, where one must live for several years on a minimal amount of money and one is almost driven to depression and despair as one sits waiting for a decision. This is not such an attractive destination that people would come here in the expectation that their children might obtain citizenship rights 20 years later. They might do so if it was possible for parents to obtain citizenship on the basis of having an Irish-born child, but that loophole has been closed. The matter was dealt with in the Supreme Court decision, which my party applauded.

The Tánaiste has said that the problem is the Chen case — that of a lady whose daughter was born in Belfast and who is now before the European Court of Justice seeking European citizenship rights on the basis of Irish rights. Is it that we are concerned about protecting European citizenship? If we have a problem in Dublin it does not seem that people come from very far away to attempt to obtain citizenship rights for their children. It may be the case that certain people are coming from the UK, the Netherlands or elsewhere in Europe. What happens to them depends on the outcome of the Chen case. I would be interested to hear what the Government believes is the likely outcome. There has been no presentation of legal argument about when the case will be heard, the arguments that will be used on both sides and the likely outcome. Why are we not waiting for this judgment in case we do not need to change our Constitution?

It is a serious and important matter for us, as citizens, to decide how our Constitution is formed. I found it a remarkably powerful political moment, from the age of 18, to be occasionally presented with complex, difficult and contentious issues with arguments on both sides. I find it an enriching process. One finds oneself having to study the arguments on both sides to get to grips with the issue. However, that can only be a good political exercise if the arguments are presented clearly. It is remarkable how short a period of time has been given for this debate. The arguments which the Government says support its case are being presented in an atrocious manner. There is a lack of legal or other detail to back up its arguments. I still do not clearly understand its central concern.

There are alternative solutions. The debate here is remarkable in that we have not yet discussed and considered those solutions, such as waiting for the outcome of the Chen case. The case presented by the barrister Colm McEochaidh is that pending the outcome of this case, which will clarify the view of the European Court of Justice on our citizenship laws in relation to European citizenship, the wording of Article 2 would allow this to be solved on a legislative basis without having to amend the Constitution. In the Minister's response the other day this suggestion was glibly written off in half a sentence which did not answer the very strong case made by Mr. McEochaidh. I also agree with Deputy O'Keeffe that changing Article 9 of our Constitution would have an effect on Article 2. It is almost impossible to change Article 9, which qualifies Article 2, without affecting the meaning of Article 2 and what it implies.

I was won over by Bruce Morrison's argument as well. What type of country are we? Are we a type of Greek city-state which has two laws, one for citizens who have all the rights and huge economic wealth, and one for migrant workers, asylum seekers, people who come in from less developed poor parts of the world to whom we do not give the same rights and to some of whom we do not allow citizenship rights to apply? I do not believe that is how the Irish people see this country developing. The American model should apply because in this we are closer to Boston than to Berlin. I look forward to engaging in the debate in an open and frank manner in the next while.

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