The Constitution may have to be changed to remove the automatic right to citizenship of the children of non-nationals, an international report commissioned by the Department of Justice has suggested.
The report by the International Organisation of Migration (IOM) suggests Ireland's citizenship laws may need to be changed where particular features are seen to attract significant numbers of non-nationals. Depending on the approach finally taken, a constitutional amendment may be necessary.
Publishing the report yesterday, the Minister for Justice, Mr McDowell, said it would provide an "important base" for the development of new legislation on immigration and residency to replace the 1935 Aliens Act.
Mr McDowell also published a review of a public consultation process on immigration policy, which was commissioned by his predecessor, Mr O'Donoghue, in June 2001. A wide variety of pro- and anti-immigration views are expressed in the 66 submissions received.
The IOM is the leading international organisation dealing with migrants and works closely with United Nations bodies. Its report notes Ireland is the only country apart from the US not to require at least one parent to be Irish before granting citizenship to a child born here.
The report also points to the exploitation of marriage as an area of potential immigration abuse used to obtain residency or even citizenship.Where potential weaknesses in the immigration system are left unattended, they will be exploited by "unscrupulous elements".
The study calls for new controls to counter potential abuse of visa regulations by overseas students. These would include checks on qualifications, attendance, security clearance and the bona fides of educational institutions.
To be competitive, Ireland will need to consider a full range of open labour immigration options already tried elsewhere, it says."One thing is clear from the experiences of others countries: to meet both the needs of Government and the labour market the 'front door' needs to be opened more for employers and the 'back door' closed for the credibility of good governance."