Dáil debates

Thursday, 22 April 2004

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

 

6:00 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)

I have listened attentively to all the contributions to the debate. As one of the final speakers in the debate, I plead with the Minister to call off this referendum and to allow all-party discussion on the subject and allow it to be considered by the All-Party Committee on the Constitution.

If the Minister, Deputy McDowell, was asked to spell "democracy", he would probably spell it backwards because he definitely does not know the meaning of the word. As a young and newly-elected Deputy, I regard it as shameful that this proposal is being rammed through the House without any consensus between the parties.

As an Irish citizen I am proud of our Constitution. The Minister came into this House and displayed his arrogance with his shim-sham legislation. He has told some party leaders that there might or might not be a referendum. It is shameful that he then went to the party spokespersons before the Bill was published, told them what would be in the Bill but that it was too late for their input and that it would be done his way or no way. Many Irish citizens feel the same as me. I am not afraid to say this Government wants to fudge the issue of the real election, the local and European elections on 11 June.

Article 2 of the Constitution states:

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

The Government has stated that this Article cannot be changed without a referendum; it cannot be changed by legislation. However, the Minister was Attorney General in 2001. Section 3(4) of the Irish Nationality and Citizenship Act 2001 states:

(4) A person born in the island of Ireland—

(a) to a non-national who at the time of that person's birth was entitled to diplomatic immunity within the State, or

(b) to a non-national on a foreign ship or in a foreign aircraft,

shall not be an Irish citizen unless, in the prescribed manner, that person declares, or if not of full age has declared on his or her behalf, that he or she is an Irish citizen; and such person shall be deemed to be an Irish citizen from the date of birth or the date of coming into operation of this section, whichever is the later.

Will the Minister explain how this provision was made by legislation and yet it cannot be done in the present situation? I ask the Minister to address this matter in his closing remarks.

I ask him to answer this truthfully and honestly and let this side hear what he has to say.

I heard the masters of the maternity hospitals on the radio this morning. They never asked for a referendum. Who asked for the referendum? Was it the leader of the Minister's party? I do not think so because she fudges on the issue. Many of the Deputies who have contributed to the debate during the past two days, and with whom I have spoken privately, say one thing here and another outside the House.

I cannot believe what the Minister is doing. Between him and the Minister for the Environment, Heritage and Local Government, Deputy Cullen, democracy has gone wrong. This Government is a dictatorship. We have not been given the opportunity to debate this matter because the Minister for Justice, Equality and Law Reform, Deputy McDowell, wanted his own way.

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