Dáil debates

Thursday, 22 April 2004

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

 

2:00 pm

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)

I have listened to most of the debate on the Twenty-seventh Amendment of the Constitution Bill and I have picked out points I would like to address. The Minister for Arts, Sport and Tourism dealt in his contribution with the history of Article 2 and related matters. Despite this history, the timing of this referendum raises serious doubts about the Government's intentions. Does the Government hope it will enjoy some beneficial side-effects by holding the referendum in conjunction with the local and European elections? In towns such as Loughrea and Ballinasloe, for example, there will actually be four ballot papers, or electronic voting machines if the commission decides to go ahead with electronic voting. The introduction of electronic voting on 11 June is serious enough without having the added complication of holding the referendum, the town council election, the county council election and the European election on the same day. It is certainly overcrowding the pitch. I am suspicious of the Government's motives for rushing ahead with the referendum at this time.

The Government is presuming this matter is urgent. I do not know why it became so urgent because it is only recently that a very quick decision has been made to proceed with the referendum on 11 June. The Government wants to put its proposal to the electorate as part of a package, perhaps in an effort to encourage voters. Deputy Conor Lenihan stated that 65% of the population will support the referendum. This figure could even be higher and therefore the Government may be trying to cash in on the goodwill and support for the referendum to benefit its local election candidates. We will leave the European election candidates out of the equation for the time being.

There is a further possibility that the referendum, if held in conjunction with the local elections, could potentially incite racist responses among the voters. One cannot rule out the possibility that some Government candidates will promote this aspect to curry favour with the electorate. Some contributors said this is not possible but I know from experience what it is like to be a candidate in local elections and I know the pressure candidates sometimes come under. I would certainly not rule out the possibility that some candidates might deal with this referendum in a racist manner. It is very easy to get people going during local elections, particularly in the last week of the campaign during which there is intense pressure on candidates running for seats in their respective local authorities.

The Minister for Justice, Equality and Law Reform, Deputy McDowell, said the referendum was to eliminate the passports for sale procedures. I have not heard any other speakers on the Government side refer much to this. It is noteworthy that the Minister's own partners in Government were the greatest users of the passports for sale procedures. The Minister's comment contrasts with the contribution of the Minister of State, Deputy Tim O'Malley. The Minister of State, Deputy Callely, whose contribution I noted carefully because I have much respect for him, stated we should approach the matter in a calm, balanced and constructive manner. This also contrasts with the contribution of the Minister of State, Deputy Tim O'Malley. Let me quote some of the latter's extraordinary remarks:

First, I am concerned that citizenship is being given to those with little or no connection to Ireland and to its people. Such individuals will then in turn be able to give Irish citizenship to their children and grandchildren. It is wrong that Irish nationality can be simply given out in this manner.

Second, when we consider the Chen case, it is clear that Irish citizenship law is being used to circumvent UK immigration control through the exercise of European Union free movement. People can argue that, with an Irish citizen child, they have the right to reside in the UK or any other EU country.

Furthermore, he stated:

Third, a difficult situation in Irish maternity hospitals has been made significantly worse as a result of our citizenship law. The master of the Rotunda Hospital has, according to the Irish Independent, warned that it was surprising that there had not been a major catastrophe within the maternity services yet.

This represents a very different approach from that of the Minister of State, Deputy Callely, who said we should approach the issue in a balanced, calm and constructive manner.

The Minister of State, Deputy Tim O'Malley, went on to question if Irish citizenship should be automatically conferred simply as a result of a person being born here or if the Oireachtas should have the power to determine the entitlement to Irish citizenship. He stated that this is a key question on which people will be asked to vote on 11 June. The whole tenor of his contribution is contrary to the calm, constructive and reasoned debate we expect on this matter. He also stated that we must stick to the central question of whether children born in Ireland get automatic citizenship even if neither parent has any real connection with Ireland or the Irish people. He further stated that he was not sure whether we can expect a balanced debate on the referendum. This is the key to what he is anticipating. I share the Minister of State's concern in that matter. I am not sure, either, if we can expect a balanced debate, particularly now that it is proposed to hold the referendum on the same day as the local and European elections.

At another stage in his contribution the Minister of State said that a second concern that had been raised was the issue of the time required for the people to decide the question. He said he did not believe people needed a great deal of time to make a decision. That is most dismissive of people and of the seriousness of a constitutional amendment. We should take time to fully debate all matters relating to constitutional amendments. We should not be dismissive; a constitutional amendment is a most serious matter for the people to undertake. It is not a matter for the Government parties or the Opposition; changing the Constitution is ultimately a matter for the people. The Constitution belongs to the people. Neither the Minister of State, Deputy Tim O'Malley, nor any other Minister should not forget that. They should not be so dismissive of a matter of such importance as a constitutional amendment.

My party acknowledges that Article 2 of the Constitution, which was inserted following the Good Friday Agreement, creates the potential for an abuse of Irish citizenship. The Government, in its cuteness, stroke politics or whatever one likes to call it, decided to make an issue of this during the local and European elections. That is not the right way to approach a constitutional amendment. It is an error of judgment on the Government's part. Perhaps it was an attempt to wrong-foot the Opposition into opposing the amendment which would put it on the wrong side of the 65% of people who Deputy Conor Lenihan claims will support the amendment. That is playing politics with the serious issue of a constitutional amendment, which should not be the case.

The Fine Gael Party shares the objective of closing off this potential abuse. It is at all times committed to working constructively with the Government and other parties in this matter, or any other regarding the Constitution, in order to find the best solution to problems. The best means of achieving a solution lies in having the issue considered calmly and rationally, as the Minister of State, Deputy Callely, stated. The All-Party Committee on the Constitution, of which I am a member, should consider it. That committee has dealt with far more thorny issues than this and produced unanimous conclusions and findings on those issues. If this is a problem of long-standing on which, as Deputy Nolan stated, there was a commitment in the programme for Government, why could the matter not have been referred to the All-Party Committee on the Constitution?

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