The Government's decision to hold a referendum, on the rights of children born here, on the same day as the local and European Parliament elections, is to be regretted. The danger of unwittingly fomenting racism, through linking local political campaigning with the rights of children born to non-nationals, is both real and unacceptable and it should be shunned.
Since the Minister for Justice, Mr McDowell, announced the decision to hold the referendum last month, no real effort has been made to explain the urgency behind the Government's approach. A minimal amount of political consultation has taken place. And the Dáil will discuss the Referendum Bill with its supporting legislation for two days after the Easter break. But a vote will not be held. The opposition parties are unhappy and want the referendum postponed.
Under the terms of the Referendum Bill, a person born here who does not have at least one Irish or UK parent will not quality for citizenship or nationality, unless it is provided for by law. That law will set three years' residency as the qualifying time for a non-national parent before a child can acquire citizenship.
Traditionally, we have had the most liberal regime on citizenship in Europe and any child born here could claim citizenship, although it was not guaranteed under the Constitution. The Belfast Agreement, however, inserted Article 2 which reads: "It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation" Now the Government wants to alter that situation by amending Article 9.
The justification offered for the referendum was that it would reduce pressure on maternity hospitals in Dublin. But no precise figures were given for the number of children affected. And members of the medical staff at the hospitals immediately distanced themselves from the proposal. Yesterday, Mr McDowell modified that approach when he said the real driving force behind the referendum was the integrity of Irish citizenship law.
In normal circumstances, a government would be expected to publish a Green Paper setting out its proposals for constitutional change, along with cogent reasons for it. That has not happened. The process has been rushed; the opposition parties and the public taken unaware. Last February, the Taoiseach, Mr Ahern, told the Dáil he had no plans to hold a referendum this year. What has happened in the meantime? The Government must provide clear and compelling reasons for holding a referendum on citizenship in June.