Martin Mansergh (Fianna Fail)

This is a matter in which I have a deep interest not least because of its connection to the Good Friday Agreement. I have complete confidence in the way the Minister is going about dealing with this matter. To refer this Bill to the All-Party Oireachtas Committee on the Constitution would be simply a delaying tactic. This is a relatively straightforward and simple change and it addresses two problems. One is the practical consequences in regard to maternity hospitals, but the core principle it addresses is the unintended backdoor access not merely to Irish citizenship, but particularly to EU citizenship, as highlighted in particular by the Chen case.

I would be opposed to any alteration to Article 2. I am not sure whether Senator Terry understands that would involve, effectively, a reopening of the negotiations on part of the Good Friday Agreement. I am not a constitutional lawyer but my understanding of the Constitution is that when it is being judged or a decision is being made in regard to it, the articles are taken together and, therefore, it is perfectly legitimate. When any case is being decided upon, Articles 2 and 9 would be read together. They deal with nationality and citizenship. As the Minister said on a previous occasion, they are synonymous. If we were to alter or amend Article 2, which is part of the Agreement that was decided by the people, we would be re-opening the negotiation of something which does not need to be re-opened.

Article 2 applies to all the people of Northern Ireland as it was intended to apply to them. It does not only state "entitlement", it states "entitlement and birthright". We are talking about entitlement and right. The word "entitlement" is in that article because certain Unionists, such as the leader of the Ulster Unionist Party, might have objected to the notion that he was automatically Irish, an Irish citizen regardless of whether he liked it. The word "entitlement" was a way of getting around that and effectively providing that he or anyone like him has the right to be an Irish citizen if he or she so chooses. This article provides for a birthright and the word "entitlement" is alongside it so that it is not something that is imposed or forced on people against their will.

This amendment, if accepted, would effectively mean that we would have to re-open the negotiation of the Good Friday Agreement for something that has intrinsically nothing to do with it. This matter is to do with people who have no connection with this country and who probably come here for the limited purpose of mainly acquiring EU citizenship rights rather than Irish citizenship rights. The annex to the Good Friday Agreement, inserted by the British Government, clearly defines the people of Northern Ireland. We must not get our wires crossed. We are trying to deal with this practical problem and matter in a self-contained way that precisely does not impinge on the Good Friday Agreement or upset it.

Some concerns were expressed briefly by certain parties in Northern Ireland when this Bill was published, but I note with some satisfaction that after a full explanation of it was given, those concerns were abated. I have no reason to believe that it is now a major concern of any party in Northern Ireland because it has been clearly explained to them that this is ring-fenced from the Good Friday Agreement.

I appeal to Senator Terry whose party, strongly and commendably, has supported the Good Friday Agreement since it was put in place not to press an amendment which would have the effect of re-opening the debate on the Agreement in a way that is entirely unnecessary and redundant.