Labour says citizenship proposal 'deeply flawed'

No campaign/Labour Party document: Labour has published a detailed critique of the Government's citizenship referendum proposal…

No campaign/Labour Party document: Labour has published a detailed critique of the Government's citizenship referendum proposal arguing that it is "deeply flawed" and should be rejected.

The document, prepared by TCD law professor and Labour candidate Ms Ivana Bacik, also argues that the Minister for Justice, Mr McDowell, has greatly exaggerated the potential effect of the recent Chen case on the numbers of non-EU women who may come to Ireland to give birth.

The document says that in the wake of the Chen case, concerning a Chinese woman who gave birth to a baby in Belfast to avail of the automatic right of that child to Irish citizenship, Mr McDowell has raised the "spectre . . . that hordes of impoverished women and babies will start moving between EU states". The preliminary ruling in the case states that Ms Chen, by virtue of Ms Chen being the mother of a baby entitled to EU citizenship, is therefore entitled to residency in another EU state.

However the document says that this ruling "confirms that only citizens (including citizen babies like Catherine Chen) who have independent resources (health insurance, etc.) available to them can move between member-states". In other words, the benefit of the ruling is confined to those with substantial means, it says.

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Ms Bacik told a press conference yesterday that the referendum proposal "is giving legitimacy to the passive intolerance that has been evident in Irish society for some years".

She said that while campaigning she had met voters who were voting Yes because they believed it would halt immigration, and they congratulate the Government on "cracking down" on immigrants.

"I believe that Fianna Fáil and Minister McDowell are content to see this misconception taking hold," she went on.

"If harnessing intolerance is what it takes to get this referendum passed they won't lose any sleep over it."

She said citizenship based on the jus soli principle - that those born on a territory are entitled to citizenship of it - had served Ireland well, as it had also served the US and Canada. "In this respect we are closer to Boston than Berlin and we should fight to keep it that way."

The party's other Dublin candidate Mr Proinsias De Rossa claimed the Government parties had rushed forward with this referendum because they were in trouble with voters on other issues and wanted to distract attention.

"They are promoting intolerance and they are a disgrace. People should vote against this proposal: It is not the kind of Ireland we want."

Responding, Minister of State, Mr Dick Roche, said: "What Labour Party spokeswoman, Ivana Bacik, is effectively saying is that citizenship of this country should be available to those who have the money to buy it.

"This is blatant hypocrisy on the part of the Labour Party and turns the whole idea of equality on its head."