To qualify the right to citizenship would not diminish anyone's human rights, argues Brian Lenihan
In a recent contribution in this newspaper, Prof William Binchy at no point addressed himself to the actual question to be submitted to the people on June 11th.
The question is whether the Oireachtas should be empowered to specify by legislation a minimum period of parental residence for the acquisition of citizenship on birth.
At present the Oireachtas has no power to insist on a minimum period of parental residence. The Government has published the legislation it will enact if the people vote Yes on June 11th.
That legislation provides that Irish citizenship will be acquired at birth by the Irish-born children of non-national parents if one of those parents has been legally resident in Ireland for three of the four years prior to the birth.
A Yes vote on June 11th will replace what in the EU is now a uniquely unqualified right to citizenship at birth for the children of non-nationals with a liberal and fair entitlement based on a short period of residency.
This will ensure that Irish citizenship is based on a real connection with Ireland and is not a flag of convenience for people from third countries wishing to enter the European Union.
William Binchy in his article continues the well-worn theme of the No campaign, that qualifying the right to citizenship will in some way undermine or diminish the human rights of non-national parents and children in Ireland.
This assertion is entirely untrue. Citizenship is a political right and not a human right. William Binchy acknowledges this when he admits that the denial of citizenship does not necessarily constitute a breach of the UN Convention on the Rights of the Child.
Every other member-state in the European Union qualifies the right to citizenship at birth. It has never been suggested that this undermines or diminishes the human rights of any person living in those states.
At any time there are many non-nationals in Ireland. Thousands of foreign citizens are here on business, on holiday, living and working on a work permit or indeed waiting for a claim to asylum to be adjudicated.
What all of these non-citizens have in common under Irish and international law is the right to have their human rights fully respected.
The logic of Prof Binchy's argument is that we should give citizenship with every tourist visa so as to safeguard the rights of an otherwise defenceless visitor.
Others in the No campaign have asserted that children will be rendered stateless as a result of this referendum.
This, likewise, is unfounded. In the specific case of Nigeria that has been repeatedly cited, the fact is that the child of a Nigerian parent born in Ireland is entitled to Nigerian citizenship.
But on the issue of statelessness there is a more fundamental point. Any child born in Ireland who for any reason is not entitled to another citizenship is now and will continue to be entitled to Irish citizenship.
This referendum is not about human rights. It is not about statelessness. It is most certainly not about racism. This referendum is about how in the light of the real-life circumstances we find ourselves in, we shall regulate Irish citizenship for the future.
Ireland is now alone of the 25 members of the European Union in allowing an automatic right to citizenship at birth.
We know both from our own maternity hospitals and from the clear evidence of the Chen case that this is now a "pull" factor for non-EU citizens who want to get either Irish citizenship for their children or EU residency for themselves, or both.
In the Chen case, in which the advocate general of Europe's highest court gave his opinion last week, Mrs Chen travelled from Britain to Belfast to give birth to baby Catherine for exactly these reasons. Indeed it is conceded that she had legal advice to do so.
The advocate general's opinion is that Mrs Chen does therefore have a right to remain in the UK because Catherine is an Irish citizen. In the light of the advocate general's opinion clearly the Governments decision to proceed with the referendum was a sensible one.
The reality is that people with no connection to Ireland, and even with no intention to live here, have arranged for their children to be born in Ireland so as to have Irish citizenship.
This is done, sometimes travelling during the late stages of pregnancy at great risk to themselves and their unborn child.
Irish citizenship has also been put forward as a reason why such parents should be allowed stay in other EU countries.
This is something that reflects on every Irish citizen now and in the future.
Ireland today is the most globalised economy in the world. Our continuing success depends on us being an open and welcoming country for people to come to live and work in. As a nation we have pursued an open, but considered, approach to immigration.
Some 47,500 work permits were issued last year to non-EU nationals. Immigration has enriched Irish society as a whole, not just economically, but socially and culturally as well.
Ireland will continue to have one of the most liberal citizenship laws in Europe after a Yes vote. A Yes vote will not remove citizenship from anyone who had it or was entitled to it prior to the enactment of the amendment.
This referendum is not, as William Binchy asserts, the hallmark of a mean and unkind social vision. It is a fair and commonsense proposal to address a clear loophole in our law. Voting Yes will protect Irish and EU citizenship law from abuse. It will not deprive anyone of citizenship entitlements that they had prior to its enactment.
The case for voting Yes on 11th June is a fair one. If the people approve it will bring Irish law into line with the rest of Europe. It will safeguard the integrity of our citizenship for the future while also ensuring that Ireland remains an open and a welcoming State.
Brian Lenihan is Minister of State for Children