Joanna Tuffy (Labour)

I want to raise the case about which the Minister spoke. I would have thought such a case demonstrates that there is not a loophole in the Constitution. The citizenship rights that were bestowed on the child did not entitle the parents to be Irish citizens or to stay here, which meant that they could be deported. A constitutional amendment is being proposed on the basis that there is a loophole, but the case cited by the Minister shows that no such loophole exists, or at least that no loophole exists that can be abused.

The Labour Party opposes the abuse of social welfare. Many changes in the social welfare code over the years have prevented people who were born as Irish citizens from abusing the social welfare system here. They have been required to show that they are looking for work, for example. It is obvious that more needs to be done in that regard. I feel that such measures would be more appropriate, especially if combined with the proposed green card system. It is obvious that other legislation that has been introduced by the Government has had an effect.

Many speakers have said that it is a simple issue, but it is a complicated issue. If the proposed constitutional amendment is accepted, two children in a single family will have different rights if one was born in Ireland before the referendum and the other was born in Ireland after it. One child will have been born with the right to Irish citizenship, but that will not apply to the other child, assuming that adequate provision is not made in the legislation that is introduced after the referendum. Any referendum proposing a change to the Constitution is complicated.

The Minister has mentioned on many occasions the fact that Deputy Quinn raised this issue when the Good Friday Agreement was being considered by the people. The Deputy raised the issue, which is the proper way to deal with any proposal to amend the Constitution. These different aspects should be explored further. No constitutional amendment can be taken lightly and this one could give rise to other unforeseen complications. Deputy Quinn was not claiming to have the definitive answer at the time. Instead, he was acknowledging that this issue is not so simple. The same goes for this constitutional amendment and there could be unforeseen consequences if it is passed. The House has not been given the opportunity to examine it further.

The only rights that the children concerned would have under the Constitution are their rights as citizens. One gap in the Constitution is that there are no specific rights for children. Apart from an indirect one relating to education, their fundamental rights are those associated with adulthood such as the inviolability of one's dwelling. The Constitution only refers to the family and the role of the parents. This gap in the Constitution should be examined in the future. An unborn child has rights under the Constitution and is seen as an equal. However, if this constitutional amendment is accepted, some children born in Ireland will not have the same equal status that they have now.