John Perry (Sligo-Leitrim, Fine Gael)

I join other speakers on this side in expressing concern about the manner in which the Government has handled this referendum proposal. Some issues should be above party politics and approached on the basis of consensus and all-party agreement. One such issue is the question of the voting system, on which all parties involved in the democratic process should move forward together to ensure it is acceptable to all. The Government's recent solo run on electronic voting indicates a departure from the consensus approach. Having invested €43 million on the expensive equipment required, it would make sense to use it again for a referendum after the local elections.

Issues connected with race should be above party politics. Again, however, the Government appears unwilling to achieve consensus and is intent on forcing a potentially divisive debate when all-party agreement could be secured on necessary proposals. I have no doubt the proposals advanced by the Minister have some merit and that our lax citizenship laws have been exploited by some unscrupulous individuals.

The genesis of the problem lies in what could be described as sloppy draughtsmanship when the Good Friday Agreement was ratified. Somewhere, someone, in his enthusiasm to endorse the Agreement, suggested a constitutional referendum on Articles 2 and 3, which provided that a person born on the island of Ireland was entitled to become an Irish citizen. I am puzzled as to whether the current Minister for Justice, Equality and Law Reform who is rushing through this referendum was the Attorney General at the time and, if so, if he had any role, responsibility or input in the drafting of the amendment put to the people in the context of the Good Friday Agreement. It is a pity the Government has stubbornly chosen to proceed with the referendum and engender such a potentially divisive debate when a large measure of agreement and consensus could be achieved.

There is no doubt that there is a major problem in maternity hospitals, particularly in Dublin. I have heard anecdotal evidence of serious pressure being placed on some maternity hospitals as a result of the increased number of births to mothers from other jurisdictions who arrive late in pregnancy. An interview with a woman from Nigeria on today's "Morning Ireland" was descriptive. This woman, who already had an Irish-born child, was keenly focused on the citizenship aspect of her child being born in Ireland. The citizenship concession clearly motivated her decision to have her baby in Ireland.

The masters of the Dublin maternity hospitals have stated that more than 20% of births in their hospitals are to non-nationals. The highest proportion of these mothers are from sub-Saharan Africa. If this is presenting a problem — and some of the masters appear to be indicating that it is — it is appropriate that it should be addressed.

However, the problem of facilities in the Dublin maternity hospitals also needs to be addressed. Their problems are not exclusively related to the influx of non-national mothers. Other issues go to the core of the problems in the maternity services in Ireland. A number of years ago expectant mothers had a choice of many different Dublin hospitals in which to give birth. Nursing homes and private hospitals complemented the major maternity hospitals. Sadly, these alternatives are no longer available and women in the capital city are confined to three major public maternity hospitals and one private hospital. I note from recent media coverage that insurance issues may place the future of Mount Carmel Hospital in doubt. I would be deeply saddened if this referendum was the sole Government response to the crisis in the provision of maternity services in this State. It is one aspect only and should not be a substitute for the provision of proper resources and upgraded modern facilities in the Dublin maternity hospitals.

Many of us on this side of the House have some sympathy with the Minister's policy justification for the measures he is initiating but have major doubts about the sensitivity and timing of a referendum at this stage. We are not being deliberately obstructive or party political in our approach. We merely fear some of the worst excesses of racist incitement which may emerge in the course of a local election campaign.

Early this year clarification was sought regarding an announcement by the Minister of an all-party consultation on this issue. At that time my party leader raised a number of issues which needed to be addressed before we were in a position to offer a considered view on the Minister's proposals. On 11 March the Minister for Defence indicated in the Dáil that a Cabinet decision to hold a referendum had been made on 9 March. The Minister had been asked if the Government had decided a referendum was required and, if so, to what extent it had embarked on a process of all-party consultation. On 7 February last, when asked by Deputy Kenny if any constitutional referenda would be held this year, the Taoiseach stated that the Government had no proposals to hold a referendum to change the Constitution. Why did the Taoiseach fail to inform the House of the planned referendum?

The Minister for Justice, Equality and Law Reform has indicated that the reason for the proposed referendum arises from the concerns of the masters of the principal maternity hospitals which became apparent at a meeting between the masters and the Minister. Some of the attendees at that meeting dispute the Minister's version of events. We need to know exactly what transpired and to this end we have requested a copy of the minutes of that meeting.

The Minister for Justice, Equality and Law Reform has decided that an amendment to Article 9 of the Constitution is preferred to an amendment to Article 2. His proposals refer to non-national parents. What is the likely impact of the amendment on citizens of other EU member states who move here and have children? Why was Deputy Gay Mitchell informed, on 10 March, that data on the number of children being born in Irish maternity hospitals was not available? There is a huge level of ambiguity.

It is regrettable that electronic voting will be used on 11 June for the European Parliament, urban and county council elections. For that reason it is an unsuitable date for this referendum. The State has invested €43 million in state of the art electronic voting equipment which could be obsolete by the time of the next general election in two years' time. There is concern that considerable investment will then be required to bring the equipment up to the required standard.

Why must the referendum be held on 11 June? Why can the Minister not wait for all-party agreement and hold the referendum on a more suitable day? The number of babies born to non-national mothers indicates a problem but not a substantial one. Why can the problem not be dealt with at the ports or points of entry? How are these women entering the country? They are not coming ashore at remote places around the coast. Can controls not be exercised at airports and ports? The number involved is not large.

The Minister for Justice, Equality and Law Reform was Attorney General when the Good Friday Agreement was signed.

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