Dáil debates

Thursday, 22 April 2004

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

 

6:00 pm

Mae Sexton (Longford-Roscommon, Progressive Democrats)

The picture is clear on the undisputed fact that our position on citizenship in the Constitution has created an incentive for people to come here and confer valuable Irish and EU citizenship on their new-born children. I listened attentively to a lady on "Morning Ireland" this morning who is currently in one of our maternity hospitals. She confirmed in a very honest and honourable way that she had come here voluntarily and with the sole purpose of securing citizenship for her children. I would do exactly the same thing in her position. Every mother I know seeks the best for her child at all stages. Why not secure valuable citizenship if it is available? There are no grounds to blame people like her who respond rationally to an incentive. It is not actually an abuse of the Constitution, it is simply following what it provides for.

This unforeseen incentive has arisen as a result of the vote on the Good Friday Agreement and it is our responsibility to change it if we so wish. It is clear we do not have a responsibility in international solidarity, in law or in policy, to offer citizenship and maternity or other free services to persons from anywhere and everywhere in the world. No country has that responsibility. It is not part of any aid policy or any state or international organisation's remit. Irish State and NGO aid as well as personal contributions are generous and long may that continue. However, it has never been suggested that generosity should involve an open door policy on citizenship, health services or immigration. That would run counter to development aid strategy. International aid policy is aimed at building the capacity of other states in the areas of education, health, economic and democratic government and development. It is not to substitute our health, education or democratic system for theirs.

It has been argued that the number of cases in the hundreds is not sufficiently great to justify changing the Constitution but at least the Oireachtas should have the power to shape legislation proportionate to the issue because at present the Oireachtas has no such power. It must be acknowledged that if the scale of the problem is sufficient to require an additional fourth maternity hospital in Dublin as has been suggested, then action is surely required. This matter cannot be addressed purely as a matter of numbers. If so, should we act in the case of 100 cases, 600 or 1,000? If Opposition Members say that the numbers of cases are trivial then it is fair to ask at what level they would consider the numbers to be non-trivial? The need for a new maternity hospital is not a trivial matter.

The problem is that the Constitution leaves the issue completely open-ended and provides an incentive that I consider — as do the people — is not appropriate and was not intended. All responsible Members of this House share the determination to combat and prevent racism in Ireland and I include myself in that statement. It is my belief that if unintended incentives in the issue are not addressed and considered by the Oireachtas, then racism has an even greater chance of success in this small island. Our immigration and citizenship laws must be fair, first and foremost, to the Irish people and reflect their wishes as well as meeting our international obligations. We have a duty of fairness and responsibility to our fellow EU member states — 24 from next week — in the conferring of EU citizenship. Every country has the right and responsibility to design its citizenship laws in fairness to its own people and then to all parties. We are simply not doing that; however we are asking for the people's approval to do that.

I take great exception to the suggestion made by Deputy Burton that the legislation is being proposed primarily to in some way militate and dictate against black people, as she stated specifically. I sincerely hope that when the people of Ireland agree to allow this Legislature to make the laws appropriate for the State, she will be prepared and be big enough to apologise to me — because I take it very seriously that I would be considered party to legislation that would militate against black people — to the general public and to other Members of the House to whom she referred in an inappropriate comment.

I have listened to the contributions to this debate and I believe it is prima donna-type behaviour by the Opposition. It has nothing to offer and it never had. It is pretending in some way to suggest that it was not aware that this proposal was coming down the line and that no appropriate — whatever that means — consultation took place. I suggest they were very well aware of it but it happens not to suit them and that is the only reason for their opposition. It is very regrettable, particularly when they have spent two days suggesting that this is all about racism while at the same time they do not wish it to become a racist issue.

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