David Stanton (Cork East, Fine Gael)

I welcome the opportunity to make some points in respect of the Bill. Fine Gael's policy has always been to work constructively in the House, where possible. All sides should act constructively when something as fundamental and important as making a change to Bunreacht na hÉireann, the basic law of the land that sets out the fundamental rights of the people, is proposed. Any change to the Constitution should be treated by all sides as the very serious matter that it is. I am amazed and astounded, therefore, that the Government has acted to make this debate an adversarial one. Why did it not invite the leaders of the Opposition parties to meet the Minister quietly to discuss this issue in order that an all-party consensus could be arrived at? Why has this proposal been brought forward at the last minute, more or less, without any warning? Was the Chen case in Britain the catalyst? Has pressure been coming from overseas?

The Government would not have found Fine Gael wanting if it had asked it to meet our representatives to discuss the matter at the All-Party Committee on the Constitution or some other forum. The spokespersons and the leaders could have met to discuss the matter, thereby preventing an adversarial debate of the kind now starting. Those trying to debate this issue are plagued by uncertainty and problems.

The Minister, Deputy McDowell, has said that there may be some difficulties in determining whether a parent who has been residing in Northern Ireland has done so lawfully. He has acknowledged immediately that a difficulty has arisen. He has said the Government is confident that the implementing Bill will overcome such difficulties but we cannot be certain of this. Other issues and difficulties may arise in the course of the debate. Other constitutional difficulties may arise if the proposed amendment is passed by the people. As this problem has been flagged for years, why is it being rushed at this time in such an adversarial manner? Why did the Government choose to pursue this route?

One cannot blame people for thinking that the Government has brought forward this proposal as a way of diverting attention from its shortcomings. The Minister and the Chief Whip promised at the start of the year that the disability Bill would be published as a matter of urgency but we are still waiting for it. Thousands of our citizens are waiting for the legislation, on which they depend, but the Government has cynically decided to postpone its publication because, as I have reliably been informed, it will not meet the expectations of members of the disability community. The Government is delaying the enactment of disability legislation while rushing through the provision before the House. It is not surprising that people are cynical about politics in such circumstances. Those of us on this side of the House are frustrated by the Government's behaviour.

I want to be constructive by making a suggestion. I understand passport law, such as the issuing of passports, is not governed by main legislation. Has the Minister of State, Deputy Brian Lenihan, his senior colleague or their Department examined the possibility of using the issuing of passports to control the issue identified by the Minister? I refer to the birth of children to non-national parents. Has the Government examined this possibility? Has it decided whether passports can be used in this way, thereby removing the need for a referendum? Has such an examination been undertaken? The issue of passports has not been mentioned by any Government spokesperson during this debate, to my knowledge. Citizens have the right to have passports conferred on them but my understanding of current law is that the Minister is responsible for determining the conditions under which they are issued. As the Minister of State is nodding, what I am saying is probably right. I ask the Minister to tell the House when he responds at the end of this debate whether he will examine the possibility I have outlined.

I agree that the abuse of Irish citizenship, mentioned earlier, also constitutes an abuse of EU citizenship. Did the Government's decision to hold this referendum result from pressure from other member states? Is the proposed constitutional amendment being brought forward at this time as a consequence of the Chen case? If that is the case, will the Government say so? Can it explain the reason there is a need for urgency now?

The Minister for Defence, Deputy Michael Smith, spoke this morning about the decision to hold the referendum on the same day as "the two elections". I assume he was referring to the local and European elections but people in many towns will vote in three elections, to a town council, a county council and the European Parliament. Many will now have to vote in a fourth poll in the form of the proposed referendum. Certain people who will vote in the local elections will not be eligible to vote in the referendum and others will not be able to vote in the local elections, for various reasons. It will be a real mismatch. Will machines be turned on and off? We are foisting another issue on the electorate. People in towns will vote in four elections. It will be a complicated process, especially when one takes into account that we will use a new form of voting when we use the electronic voting machines.

The Minister for Defence said, "By running the referendum alongside the two elections, the type of intensity that might arise in a single issue campaign and could be exploited for malicious intent will be greatly reduced." Given that nobody wants to see such malicious exploitation, it is a pity that the Government did not adopt a more conciliatory approach by consulting everybody before bringing this proposal forward. Perhaps the Minister of State can tell us the reason the Government did not do this. No Government spokesperson to date has explained the reason the Government did not consult the Opposition before bringing this Bill to the House. What was the rush? I am afraid that the Government has decided to push this referendum as an adversarial issue, possibly to deflect attention from its failures and inadequacies. That is not just what I think — it is what many are thinking and saying. There is a great danger that if people think that way, they will vote "No" and the proposal will be defeated.

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