Tony Killeen (Clare, Fianna Fail)

Several issues are being confused in the discussion of the Twenty-seventh Amendment of the Constitution Bill 2004. That is not to say the issues are entirely unconnected but the manner in which they are being intermingled does not serve to clarify the principal issue being addressed in the proposal. The core issue, the entitlement to citizenship, is frequently overlooked in the debate in which we have had red herrings in the areas of asylum seekers, refugees, the Good Friday Agreement, racism, work permits and others. While I have no objections in that regard, as all these areas could impinge in certain circumstances on what is proposed in the Bill, the manner in which some of them have been dragged into the mix has served to confuse the issue and undermine what is proposed. Instead of clarifying the issue for the people, it has had the effect of making it considerably more difficult to establish exactly what is proposed in these circumstances.

The net issue revolves around an unusual provision in the Constitution which confers on a child born in this country a right of citizenship and an even more unusual aspect which confers on a child born in Northern Ireland the right to citizenship and, by extension, the right to citizenship of the European Union. None of us can affect to be surprised that some people, with the best interests of their unborn children at heart, would wish to avail of this highly unusual provision and none of us can pretend to be surprised that people living in poorer regions where they see no opportunities for their children should seek to benefit from it. Nor is it reasonable to argue that the provision is sensible and worthwhile in the context I have outlined.

This issue would require attention even if it were not being abused. There is, however, substantial evidence to show that abuse of this provision of the Constitution is widespread. We need to face up to the fact that our obligation, in the first instance, is to our own citizens, but we also have an obligation to the citizens of other EU states. This is particularly the case when Ireland holds the EU Presidency.

All the evidence suggests that the numbers likely to abuse the provision in question are likely to increase, particularly given the manner in which abuse is taking place. It is not clear how one can argue the case for delay in addressing this fundamental difficulty, whereas the course of action open to us is clear and unambiguous. Regardless of the time, resources or debate invested in this issue, a number of fundamentals will not change in any way. It is clear, for example, that the provision is open to abuse, is being systematically abused and will continue to be abused until it is addressed, and that no legislative provision is available to close the loophole. No matter how much this political issue is kicked around, it will be eventually addressed by the people in a constitutional referendum and it is pointless to pretend otherwise. The proposed referendum offers the means of dealing with the issue and it is our duty to proceed with it.

The Supreme Court decision of 23 January 2003 resulted in some changes to the previous position that parents of children born here were assumed to have an automatic right of citizenship. There is some evidence that the decision of the court and, perhaps more specifically, the provisions announced by the Department of Justice, Equality and Law Reform on 17 July last year, have had the effect of reducing the number of applications made under the provision in question and in several other categories. Nevertheless, the issue of the right of citizenship conferred by birth remains to be addressed.

It is difficult to sustain the argument that entry to this country a short time before the birth of a child should confer citizenship of Ireland and the European Union on the child in question. Some argue that there is a positive element to this, which may well be the case as regards individuals, but there are clearly negative effects which should not be ignored and will undoubtedly develop into even greater problems.

Several speakers adverted to the fact that the arrival of substantial numbers of women in late pregnancy exerts unusual and unpredictable pressure on the maternity services in our hospitals. Additional difficulties, particularly pertaining to the health of the mothers and babies in question, arise because the hospitals concerned will have no medical history for the new patients. We should face up to the fact that the State already has substantial difficulty catering for patients who are nationals; there is no point pretending otherwise.

It is clear that the health of the new mothers arriving in the circumstances described can be compromised and that the additional numbers, which accounted for a quarter of births in some Dublin maternity hospitals in 2003, put considerable additional pressure on hospital staff. If this matter is not addressed the business of human trafficking, which has been addressed to some extent although not entirely, will continue apace and will grow. While the provision which punishes carriers has had some impact this has mainly been felt by law-abiding people. There is little evidence it has impacted on those engaged in human trafficking for personal gain. A great many tragedies have arisen from that activity.

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