Seanad debates

Wednesday, 1 December 2004

Irish Nationality and Citizenship Bill 2004: Second Stage.

 

12:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

The answer to the Senator's question is "No". We have decided that there must be a more tangible, long-term and real link between the parent of the child before citizenship, as of right, becomes available. In this respect, we as a people have decided to restore to the Houses of the Oireachtas the power to judge collectively, by legislation, whether there is a sufficient link between a parent and Ireland as a State and a community to warrant the granting of citizenship as of right to the children of that parent.

The people were told at the time the referendum was being discussed of the broad thrust of Government policy which was to follow upon the licence to legislate in this area that the passing of the referendum would give. What has been put before this House is a realistic and sensible policy based on the establishment of a real link between parents of children born in Ireland and the State and society.

Some other states have an absolute jus soli entitlement to citizenship but no other state, of which I am aware, combines an absolute jus soli right with the inability to prevent people coming to have children on its soil. By virtue of our common travel area with the United Kingdom and our membership of the European Union, we do not have the right to refuse admission to people coming here in the same way as every state which has an absolute jus soli entitlement to citizenship can control access. That is the difference between this country and the United States. What the legislation puts in place is, of course, more restrictive than the position heretofore. However, I emphasise that it will remain the case that Ireland's citizenship and nationality laws are among the most liberal and generous in Europe and, indeed, in the world.

The proposals reflect Ireland's high regard for those who have come from abroad to establish themselves in, to share in and to contribute to Irish society by entitling their children born here to be Irish citizens by operation of law. At the same time, they will ensure that Irish citizenship is not something which can be bought, sold, bartered or acquired on foot an arranged birth in order to secure a passport to a wider Europe but something which is important to those who hold it or, as Article 9 of the Constitution puts it, who have a sense of fidelity to the Irish nation and loyalty to the Irish State. For those reasons, I commend the Bill to the House.

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