Michael McDowell (Dublin South East, Progressive Democrats)

I am pleased to be here this evening for this important debate. As Senators are no doubt aware, the Government has decided to hold a constitutional referendum on 11 June to deal with the impact of the universal entitlement to Irish citizenship on those born in Ireland. The Government is aware that an announcement of this nature is, quite properly, a matter for public and parliamentary debate. It is important to ensure the debate proceeds on the basis of an informed view of the issues, of what is proposed and, more important, of what is not.

At the outset, I wish to speak briefly about the concept of citizenship, which involves a great deal more than entitlement to a passport. Indeed, many of Ireland's finest citizens, particularly in years gone by, never held a passport. Citizenship, rather, embodies the concept of membership of a modern nation state. Initially, Irish citizenship constituted a fundamentally important legal vehicle which was used to convey the legal and political independence of the Free State, and, subsequently, the Republic. Its purpose is given expression in Article 9.2 of the Constitution which imposes on all citizens the fundamental political duties of fidelity to the nation and loyalty to the State. Citizenship, therefore, should never be for sale. As Minister for Justice, Equality and Law Reform, I brought categorically to an end the practice of exchanging citizenship for financial payments or investments.

Citizenship, which imports loyalty to the State and fidelity to the nation, should not be available on foot of geographical accident. It is far more fundamental, implying membership of the moral and political community of the Irish State. While citizenship does not imply cultural uniformity or some narrow and out-dated view of what it means to be Irish, it is, nevertheless, the essence of our sovereignty as a nation. Citizenship is also the essence of the character of our nation state.

To facilitate further debate on the issues, I would like to make the following matters clear. The effect of the Government's proposal will be prospective and will not affect the rights of any person who has obtained citizenship or is already entitled to citizenship through birth on the island of Ireland. The proposal will only affect persons born in Ireland where both parents are, at the time of the birth, non-nationals and unable to satisfy a residency requirement. It will only be necessary for one parent to satisfy the residency requirement. There will be no residency requirement in the case of a parent who is a British national; not least because of his or her immigration-free status and the implications for the Good Friday Agreement. There will be no specific residency requirement in respect of a parent who is resident in Ireland without condition as to time. A recognised refugee would constitute an example of such a parent. All others will, at a minimum, be required to demonstrate a period of three years lawful residence in the four years immediately preceding the birth. The requirement to reside for three years in four permits a person to be resident here and to return to his or her own country or travel abroad generally without violating a required period of continuous residency. The three-year time period has a precedent in Irish citizenship law as the qualification period for the acquisition of the entitlement to post-nuptial citizenship. If a non-national marries an Irish citizen, he or she must remain in the State for three years before being entitled as of right to become a citizen. Given the misrepresentation of the proposals by many, it should be noted that the requirement compares favourably with time periods for the acquisition of citizenship in all other jurisdictions. At the end of the process, ours will remain one of the most open and fair citizenship laws and one of the most generous systems of nationality and citizenship in the European Union.

It is the intention of the Government to attain its objectives by a combination of constitutional change and subsequent implementing legislation. It is not intended to deal with the detail of the proposal in the Constitution itself, rather it is intended to provide the constitutional framework within which the Oireachtas can determine these matters. That is the intelligent way to proceed. I hope it is clear from what I have said that it is not the intention to debar the children of members of our established immigrant community from the entitlement to citizenship. On the contrary, the implementing legislation will act as a positive acknowledgement of the place of immigrants settled in Irish society by ensuring that their children acquire that entitlement. Those whose relationship with the State is far more transient or negligible cannot reasonably expect their children's citizenship entitlements to be the same as the entitlements of those with some connection to the jurisdiction. More important, the provision is not and will not be racist. I wish to emphasise that point in the context of the suggestion by some Members of this House and others that the proposals represent a playing of the race card or are themselves racist.