Dáil debates

Thursday, 22 April 2004

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

 

11:00 am

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)

I wish to share time with Deputies Healy and Gormley.

As all my party colleagues have stated in the course of this debate, Sinn Féin is opposed both to the timing and the substance of the proposed referendum. The issues I will address will include the process by which the proposed referendum was brought forward and the false claims from the Government that the decision to hold the referendum on 11 June was made in the public interest, in the interest of convenience and of saving taxpayers' money.

Any change to the Constitution is of fundamental importance to all citizens and should only be made after full consultation and careful consideration. The necessity for such change and its implications must be clearly outlined. There was no consultation with political parties, the social partners or interested parties on the proposal before the House. Contrary to its initial claims, the Government did not make any attempt to consult with parties, either in this State or in the North. The programme for Government included a commitment to initiate an all-party discussion on the issue of constitutional and other measures which may be necessary with regard to children born to non-nationals. This has not happened. We have all been merely informed in a contemptuously casual manner as if we were disinterested observers, that a referendum with fundamental implications for citizenship would be held on 11 June.

If a constitutional change were necessary there is a process in place, accepted by all parties, by which such a proposal is brought forward. The matter could be examined by the Joint Committee on the Constitution. This committee has just completed its examination of the issue of property rights and is in a perfect position to begin an examination of this issue. The matter was raised at the committee and its members expressed a willingness to take it as their next task. As it has done with other issues, such as abortion and property rights, the committee can take submissions from interested parties such as the Human Rights Commission, the Equality Authority and the National Consultative Committee on Racism and Interculturalism. It can also hold hearings and produce proposals regarding the necessity or lack of necessity for constitutional change.

In the case of the abortion debate, the Government presented a Green Paper that was considered by the All-Party Committee on the Constitution which carried out, in the words of the then Chairman of the committee, Deputy Brian Lenihan, "a political assessment of certain questions which arise from it in the context of the submissions we received and the hearings we conducted". We need to be told why the same process is not being undertaken in respect of the proposal before the House today. The Minister's claim that such a process cannot be undertaken because parties have already taken up positions on the proposal is simply nonsensical.

The proposed referendum will completely eliminate the basis of Irish citizenship as it has existed since the foundation of the State, in favour of a strict bloodline criterion. Contrary to what the Minister has claimed, it is not a straightforward issue. It has legal, constitutional and rights complexities. It gets to the heart of how Ireland, as a nation, defines the basis of its citizenship and, by extension, how we want the Irish nation to grow and develop. It is crucial that this issue should be the subject of proper public consultation and debate. Bearing in mind that it is charged with examining fundamental rights, the All-Party Committee on the Constitution is perfectly placed to examine this far-reaching proposal. I ask the Taoiseach to refer the matter to the all-party committee, even at this late stage.

The Government's claim that its decision to hold the referendum on 11 June was made in the interests of convenience and to save taxpayers' money is blatantly untrue. Did the Government learn nothing from the Nice treaty fiasco, when it foisted a referendum on the people of the State without informing voters about the issues or undertaking proper consultation? The Government's pathetic argument on such a fundamental issue fails to recognise the ultimate cost of making a mess of our citizenship laws. The real motivation behind the timing of the referendum is to deflect attention from the coalition's abysmal record on health, housing and education. The basis on which the referendum is being held at this time is to facilitate the Government parties' desire to exploit the issue of race for electoral gain. Members should mark my words — PD and Fianna Fáil candidates will exploit ignorance, bigotry and racism by seeking to deflect the blame for the crisis in the health service and the lack of social and affordable housing from the incompetent Government to non-nationals.

The State needs a fundamental and comprehensive immigration policy, underpinned by respect for human rights. Sinn Féin supports the recommendations of the Immigrant Council of Ireland's report on labour migration into Ireland and calls on the Government to implement them. That involves the adoption of an integrated and representative approach to immigration policy and the immediate introduction of an anti-racism and anti-discrimination agenda. Migrant workers should have rights that are equivalent to those of the host society. Family reunification should be a legal right. The Government has failed to being forward proper immigration laws and policies that are compliant with human rights, but it is happy to stand by as immigrant workers are exploited in this State. It has rejected repeated calls to protect the welfare of migrant workers by issuing employment permits to such workers rather than to employers. As Deputy Ó Caoláin has said, if the Government refuses to listen to the wide range of opinion demanding that it should call off the referendum, Sinn Féin will campaign vigorously for a "No" vote.

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