The Minister for Justice has detailed his plans to restrict the citizenship rights of babies born in Ireland to non-nationals, rejecting growing Opposition claims that the Government is trying to gain electoral advantage by exploiting fears over immigration, writes Mark Brennock, Chief Political Correspondent.
Mr McDowell yesterday published the legislation which would bar babies born in Ireland from entitlement to citizenship unless at least one parent has lived in Ireland for at least three of the previous four years.
The enactment of this legislation would follow the passage of a referendum to change the Constitution which the Government intends to hold on June 11th, the same day as the local and European elections.
Mr McDowell yesterday shifted his argument for the holding of the referendum, saying it was necessary "to protect the integrity of the Irish citizenship law".
Last month he and his Department based their case for change on suggestions the growing number of non-national births in Ireland to "citizenship tourists" was causing a crisis in maternity hospitals.
Yesterday, however, he said: "This is not an issue about maternity hospitals. Ireland could not be the only EU state offering national - and therefore EU-wide - citizenship rights to babies whose parents came here solely for this purpose."
The Opposition parties yesterday objected to the Government's intention to recall the Dáil on April 21st, a week early, from its Easter break to debate the issue.
The format chosen by the Government would ensure there could be no questioning of Ministers, no Order of Business session and no prospect of calling a vote.
The Opposition also condemned the Government for not consulting it on the matter, and claimed this was because the Government parties wanted to inject the issue into the local and European election campaigns for political advantage.
The Labour Party leader, Mr Pat Rabbitte, dismissed the Government's statement that it was consulting the Opposition parties. "How does the Minister propose we have consultations when the matter has been decided?"
Labour and the Green Party said they would consider not turning up for the first two days of the Dáil debate in protest.
Mr Dan Boyle, of the Green Party, said last night they were considering the move as much in anger at the attempt to railroad the Bill through the Dáil without a proper debate as at the content of the Bill.
While all Opposition parties have objected to the proposed timing of the referendum, Fine Gael would be seen as likely to support the proposed amendment if its concerns over timing were resolved. Labour, the Green Party and possibly Sinn Féin are understood to be considering opposing the measure.
Labour and Green Party sources said last night they feared that canvassers for the Government parties would exploit this during the election campaigns to suggest to voters concerned about immigration that they were "soft" on the issue.
Mr McDowell last night challenged the Opposition to state its position on the referendum proposal, just as the Tánaiste, Ms Harney, did earlier this week.
"There are people taking refuge in the timing issue because they can't take a position on the substance of the issue, which is very, very simple."
Children of UK nationals are to be exempted from the proposed new restrictions, and if born in Ireland will be entitled to Irish citizenship regardless of the length of residence of the parent. Mr McDowell said he had discussed the issue with the British government.
The change will not affect children who have already acquired Irish citizenship through birth.
The Government proposal, announced yesterday, calls for an addition to Article 9 of the Constitution. This is to modify the commitment in Article 2, inserted by referendum on foot of the Belfast Agreement, that all children born on the island of Ireland are entitled to Irish citizenship.
The proposed new section states that babies born in Ireland who do not have at least one parent who is an Irish citizen are not entitled to Irish citizenship or nationality, unless provided for by law.
If this is passed the Government will propose legislation stating that a person born on the island is not entitled to citizenship unless a parent has been resident in Ireland for three of the previous four years. Mr McDowell published this legislation yesterday.