Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 76: To ask the Minister for Justice, Equality and Law Reform his views on the finding of the Advocate General Tizzano of the European Court of Justice in a case (details supplied), that the case of the person is not an example of abuse of EU law. [16338/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Chen case referred to by the Deputy is one in which the Advocate General of the European Court of Justice is of the opinion that Mrs. Chen, in availing herself of the treaty provisions that grant a right of residence to her daughter and by extension to herself, is circumventing the provisions of United Kingdom law which restrict the right of residence of nationals of non-member states. I assume the Deputy is referring to that part of the Advocate General's opinion which states that the conduct of Mr. and Mrs. Chen in this case cannot be regarded as an abuse of Community law. The Government has made clear, by way of its referendum proposal approved by both Houses of the Oireachtas, that the pre-planned arrangement of the affairs of the applicant so as to give birth in the island of Ireland and, thus, acquire for the child so born an entitlement to Irish citizenship in circumstances where there is no other connection with Ireland is an abuse of Irish citizenship, and that there must be proper legislative regulation in this area.