Martin Mansergh (Fianna Fail)

We all like to think of the Constitution as a rock on which this State rests. However, the Constitution, no matter how it is written on whatever theme, is subject, as we have discovered in certain instances, to legal and judicial interpretation. I am quite confident that, if there were no legislation and this failed to be interpreted by the Supreme Court, "at least one parent who is an Irish citizen" would be interpreted to include "was" if need be. In recent years, the Supreme Court seems in any case to have adopted much more of what one might call a pragmatic, common-sense approach to interpretation. In that context, I am personally glad the core of nationality and citizenship is again written into the Constitution. As I said, it was there at the beginning, between 1922 and 1937. I equally accept there are many matters at the margins which need to be regulated by legislation and if necessary, from time to time, changed by it. However, I am not unhappy that the core is in our fundamental law. There should be some statement on citizenship and nationality in it.

I very much agree with the Minister that it is not satisfactory to put off problems until we absolutely have to deal with them and there is an emergency on our hands. The situation highlighted by the Chen case is very unsatisfactory. A person with no intrinsic connection with Ireland came from outside the EU to Belfast, which is not even within our jurisdiction, thereby acquiring Irish citizenship and, probably more important from that person's point of view, EU citizenship. That must be dealt with in principle. To be frank, I regard that as the only compelling reason to hold a referendum. I know there are issues surrounding pressures on services. Those may be powerful arguments, but the Chen case regarding a back door to EU citizenship is a compelling issue. It is far better to deal with it now than to be subjected to political pressure from our EU partners, who will certainly not continue to take a disinterested approach to the question, or pressure from people rushing in to beat deadlines. It is best to deal with the problem now before it gets any bigger.