Dáil debates

Thursday, 22 April 2004

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

 

5:00 pm

Photo of Joan BurtonJoan Burton (Dublin West, Labour)

Thus children born to non-national parents, unlike any other children born in Ireland, may be denied these rights if the amendment is passed. As Professor William Binchy has written, the effect of the referendum would be to cast a shadow over the protection afforded by the Constitution to the rights of children born in Ireland of foreign parents who have lived in Ireland for a certain period of time. No one can say with any certainty how extensive a subtraction from the present constitutional protection will result. That very uncertainty is in itself a potent argument against embarking on this project.

The Minister may sneer at Professor Binchy, who is someone I have differed from on different issues, but on this occasion he and Mr. Justice O'Flaherty deserve the courtesy of a hearing by the Minister and not just a sneer. The Minister rejects this as misguided but he can offer no firm basis for his view.

I notice a disturbing trend in the Government's approach to many issues. Ministers like Deputy McDowell no longer offer arguments to sustain a case. They proclaim what they say to be self-evident truths, that the Minister has spoken and the issue is settled. It is not settled. This morning on "Morning Ireland" the masters of two of the maternity hospitals indicated the number of women to whom the Minister referred is falling and they are in the low hundreds per annum. I put it to the Minister that he should resource his officials to work properly in regard to the illegal trafficking of women. The UK Government has successfully dealt with this issue over the last two years.

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