McDowell insists his action heads off 'threat'

The European Court finding in favour of a Chinese woman and her Belfast-born daughter girl has vindicated the decision to hold…

The European Court finding in favour of a Chinese woman and her Belfast-born daughter girl has vindicated the decision to hold the citizenship referendum in June, the Government has said.

Reacting to the finding by the European Court of Justice's Advocate General, the Minister for Justice, Mr McDowell, urged voters to support the referendum.

"I really do believe the Government's proposal is sensible, level-headed and reasonable. A great majority of Irish people know that. A lot of manufactured doubts have been created about it by people who don't want us to change the Constitution back to the way it was in 1998."

Though the Labour Party still called for a postponement of the referendum, the lack of public comment from politicians calling for a "No" vote was noticeable.

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Labour TD Mr Joe Costello, asked to comment by The Irish Times, said the full implications of the Chen finding, if confirmed subsequently, will not be possible to gauge for some time.

The Advocate General's opinion is not binding on the court but it is usually followed. A full judgment is expected later this year.

Mr McDowell said: "There is an overwhelming case for the passage of this referendum and I appeal to the Irish people to put aside the arguments from people who are trying to manufacture doubt where there isn't doubt."

But he warned: "There is now an obvious case of urgency. We have to face up to this issue. It can only get worse from now. The Chen decision will go out right across Europe: if I want to resist being sent home, all I have to do is get to either part of Ireland and have a child there. In my view delay would be irresponsible."

The Chen case, he said, had acted as "an impetus" in the preparations for the citizenship referendum. "Had I done nothing and had the Chen case been handed down today in the absence of any steps by me then I can imagine people calling on me to explain why I had done nothing, and why I had taken no steps when I could see a serious possibility emerging."

He added: "When I moved this referendum I was told that it was premature, that it should be delayed. You can now see how delaying this issue could cause massive difficulties for the Irish State, and for our relations with other states in the EU and generally in relation to our internal affairs here."

Despite Labour Party calls for a postponement, the Minister said it would be "very imprudent" to wait for the Court of Justice's final ruling since the Advocate General's opinion is followed in large majority of cases.

"It would appear that this is a very strong and single-minded ruling made against the Irish and British governments," he said. "The great, great majority of Irish people will find that the Government has been reasonable. It has not rushed the decision. It has headed off this threat that has emerged today." He said he believed Irish people would vote Yes in overwhelming numbers. The Government's citizenship proposal was sensible, level-headed and reasonable.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times