Brian Hayes (Fine Gael)

I move:

That Seanad Éireann, noting the position of the Government that a Constitutional Referendum on the issue of limiting citizenship rights for non-nationals may be held at some point and mindful of the need to have a rational debate about this matter, calls on the Government to consult in detail with all members of Oireachtas Éireann before a decision is taken on this issue and specifically believes that the June 11th date for the holding of European and Local Elections should not be the date for the proposed referendum.

I welcome the Minister for Justice, Equality and Law Reform to the House and I thank him for his attendance, which is appreciated. Given the Government's announcement yesterday, it is significant that the matter is being debated in this House first.

The Minister and all Senators will be aware the issue of race and immigration is the most contentious of all on the basis of their discussions with people on the streets and polling evidence. There is a major responsibility on public representatives to demonstrate restraint, calm judgment and balance in respect of this issue. We have witnessed too often in western Europe the rise of the new right, fed on a diet of neo-nationalism. I refer to Mr. Le Pen, Jörg Haider and the rise of the British National Party. They have used race and immigration for their narrow party political advantage. It is absolutely crucial that those of us who hold positions of responsibility in the Oireachtas show leadership on this issue.

Vicious, appalling attacks on non-nationals have happened too often in our capital city and during the last general election campaign one candidate — there are others — used the issue of race for his own narrow party political advantage. All Members must be careful on this issue. If the referendum is held on the same date as the European and local elections, race and immigration has the potential to become an explosive issue and to allow untoward forces in Ireland to use it for their own narrow political focus. We must be mindful of that aspect.

The motion has been tabled so that the Government will rethink its attitude on when this matter should be put before the people by way of constitutional referendum. It is important that politicians take ownership of, and show leadership on, this issue. A wide debate needs to take place on the issue of race and immigration. Why, therefore, is the relatively small number of births to non-nationals the total focus of political attention currently? I am concerned about this point.

The Taoiseach stated that no promise had been made regarding a proposed constitutional referendum on 11 June when he replied to a question by the leader of my party on 17 February. He stated: "The Government has no proposals at present to hold a referendum to change the Constitution." Why did he not inform the other House and, through it, us of the Government's intention to hold this referendum on 11 June?

The Minister first informed the press of the intention to hold a referendum more than a month ago. He will be aware that both Government and Opposition Members asked him to reconsider 11 June as the date on which the referendum should be held. I will not name individual Senators as I am sure they will contribute to the debate. However, there was cross-party consensus in the House a month ago that 11 June would not be appropriate for the holding of a constitutional referendum, if such a referendum was needed. I ask him at this late stage, before the referendum legislation is published, to reconsider holding the referendum on 11 June.

A presidential election is due later this year. The President and other parties and individuals will determine whether an election will take place but it would be much more preferable to hold the referendum on the same day as the presidential election, as that would be a much less contentious time to debate this issue. It would also provide the Government with an opportunity to set out in both Houses why the referendum is necessary. The presidential election presents another window of opportunity. Even if a presidential election is not held, there would be no difficulty holding a referendum solely on this matter later in the year.

The Minister will be fully aware that there have been turnouts as low as 28% or 29% for previous referenda. However, tagging the referendum on to the European and local elections could provide the spark for dangerous comments to be made during the campaign and lead to a complete lack of leadership by irresponsible individuals who will use the issue of race and immigration for their own narrow political advantage.

The Minister should also be cognisant of two recommendations made by the All-Party Committee on the Constitution, chaired by the Minister of State, Deputy Brian Lenihan, in 2001 in respect of the timing of constitutional referenda. It was the firm view of the committee that the Standing Orders of both Houses of the Oireachtas should be amended "to embody a presumption that every TD and Senator will have a sufficient opportunity to make their own contribution in relation to that proposal". In other words, legislation relating to constitutional referenda should not be guillotined. The Government intends to bring the other House back the week after holy week to facilitate the debate. However, the necessary time is not available to debate the legislation in both Houses to ensure all voices are heard on this matter.

The all-party committee's second recommendation related to the length of the campaign, that is, the period between the date of a proposed constitutional amendment passing through the Houses of the Oireachtas and the date it is to be put. It stated:

Accordingly, the All-Party Committee recommends that the Referendum Act 1994 provides for a minimum of 30 days and not more than 90 days for the holding of a referendum following the passage of an amendment Bill through both Houses of the Oireachtas. The Committee were of the opinion that the lower limit of 30 days should be retained to allow the Government both to cope with urgent requirements and to programme conveniently technical and non-contentious proposals. It recommends that the lower limit should not be otherwise resorted to because it is not ordinarily adequate. Moreover, its use for contentious or complex proposals might give the people the impression that they are being duly pressed into taking a particular decision.

The all-party committee recommends the 30 day requirement should not be the norm. Where an issue of fundamental national importance is to be put to the people, the 30 day stipulation should apply. This matter is contentious. It is primarily a matter that needs to be debated over a much longer period and I do not think we will have time for a rational, calm debate, which I know the Minister also wants, if it is rushed and put to the people on 11 June. Much will be determined by the consultative discussions that are now taking place between the Government and the Fine Gael Party and I am sure the Government will discuss it with other parties. I can see that point, but in a matter of such fundamental change, the embodiment of our law in the Constitution, we need to be mindful of the complexities and the potential for other issues to emerge that have not emerged to date.

I am aware of the Supreme Court ruling in January 2003 which interpreted the law in this matter, whereby the parents of non-national children born here have no constitutional rights in terms of citizenship and residency. I am also aware that since that ruling, there has not been a fundamental change in the total numbers of persons coming to give birth in this country. A document circulated by the Minister some weeks ago stated that it is clear from these figures that there has been a significant change in the situation since the Supreme Court judgment and the implementation of the Government's strategy on foot of it. If that is the case, why is the Government arguing for a constitutional change to Article 9, which will also bring about a fundamental change in the position in terms of the total number of people coming here and wishing to have their children born here? I do not believe that case has been adequately answered and I am sure the Minister will respond in the course of his remarks as to why he believes it to be the case. The substantive point is that we are asking the Government to reconsider holding the referendum on a later date than 11 June 2004.