Dáil debates

Thursday, 22 April 2004

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

 

1:00 pm

Photo of M J NolanM J Nolan (Carlow-Kilkenny, Fianna Fail)

I welcome the opportunity to speak in this debate. It is important that the public should be made aware that this is not just something that has been picked out of the sky and thrust on the people. It was part of the programme for Government which was announced and published in June 2002. It is worth reminding people what that programme stated. It stated that the Government would 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 constitutional or other measures which might be required.

It is important to remember as well that what we are doing here is looking for a constitutional change which will enable this House of Parliament to bring forward legislation to deal with what is generally acknowledged as an abuse of our Constitution. The issue at the centre of this debate is the abuse of our country's constitutional right to citizenship. For anybody who works in a constituency and who is out and about and sees the influx of non-nationals particularly over the past number of years, there is no doubt that there is a problem. That problem will not go away and must be dealt with. It is the Government's job to bring forward proposals to address it. I commend the Government on doing that.

Having a referendum to effect change is the right way to go. We can then bring forward legislation which will be debated in this House and later in the Seanad. The complaint that there is insufficient time to fully debate all the issues involved in this constitutional referendum is not valid. We have from now until 11 June to debate the constitutional amendment in general terms. Subsequently, the Government will bring forward a Bill which will be published. There is no great rush to have that debated in the House without full public consultation with all the individuals and groups who are interested in making a presentation. It will then be brought to the floor of this House where, no doubt, all Deputies of all political parties will have an opportunity to speak on it. It is wrong to say that it is being rushed. The Government is taking the correct approach. In some ways the Government's hands are tied in dealing with a number of issues because of the nature of our Constitution. On balance the Constitution is a good one, but like everything else, it must be changed from time to time to accommodate the needs of the public and the system.

The passing of the referendum on 11 June will have the effect that a child born on the island of Ireland, at least one of whose parents is an Irish citizen or is entitled to Irish citizenship, will continue to enjoy the constitutional right to Irish citizenship. It is important to remember that. It is also important to remember that nothing that is being proposed in this constitutional referendum will have any impact on the Anglo-Irish Agreement. I am pleased to note that the British Prime Minister and the Taoiseach have confirmed that. The proposal being debated, if passed by referendum and enacted through legislation, will only bring us into line with our partner European countries. At the core of this constitutional referendum debate is the prevention of the current abuses regarding Irish citizenship.

There is a European factor here in that anybody who has Irish citizenship also has European citizenship. We have a responsibility to our European partners to close off any loopholes in our law which would allow non-nationals to abuse shortcomings in our system. There is ample time from now until 11 June to debate all the issues involved. When the Bill is published and, it is hoped, passed, I ask the parties opposite to take a responsible position and to refrain from playing party politics with the issue because it is far too serious. They should see what is being done by the Government as a genuine attempt to close a loophole which is being abused. Of that there is no doubt. Far too many red herrings have been introduced by individuals and groups to try to muddy the water and cloud the issues. Let us be fair and frank with the people and give the Oireachtas, the parliamentarians they have elected, an opportunity to deal with the issue. I am confident that the goodwill and good sense of the Irish people will see this constitutional amendment passed on 11 June.

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