Madam, - I have been asked by Mr Michael McDowell, TD, Minister for Justice, Equality and Law Reform, to address a number of factual shortcomings and inaccuracies in Mary Raftery's column of March 18th.
While she is correct to say that birth in Ireland (jus soli) has been one basis for Irish citizenship since at least the Irish Nationality and Citizenship Act 1935, the fact is that, until the inclusion of the new Article 2 in our Constitution in 2000, jus soli was a matter of statute law which could be changed by Act of the Oireachtas if and when the legislature considered that appropriate. That law was enacted originally when European Union freedom of movement and mass transportation were not factors capable of creating significant opportunities to abuse jus soli. Now any change can only be brought about by Constitutional amendment.
The Government is of the view that the mere accident of birth on Irish oil to parents neither of whom has any significant connection with the State and who may be here for a short period or illegally is not a sound basis on which to derive an absolute entitlement to Irish citizenship.
The Government is also concerned at the phenomenon of non-national women arriving in Ireland in the last stages of pregnancy, because they are putting their lives and those of their unborn children at risk. In many cases they are doing so to avail of the present law on Irish citizenship to secure a perceived advantage for their children.
No amount of resources can overcome the pressure under which our maternity services come because they have to deal at short notice with women in labour who may have communications difficulties and about whom no previous history of the pregnancy or of the mother's health is known. The Minister takes at face value the information supplied to him on the issue by the maternity hospitals.
Ms Raftery is of course correct when she says that birth in the United States of America gives the person so born American citizenship; but she neglects to state that if the non-national parents of such a child are deported from the United States, they must take the child with them, and that the child may not exercise its right as a citizen to reside in the United States until it has reached the age of majority. Nor is the US part of a common travel area or subject to EU freedom of movement rights.
The "old and tired principle of jus sanguinis", or citizenship by descent, to which Ms Raftery refers remains a long-standing and significant feature of Irish citizenship law; it is this, for example (often referred to colloquially as "the Irish granny rule"), that gives Brian Kerr a wide pool of players for selection as members of Ireland's international soccer squad. It also guarantees Irish citizenship for the children of Irish citizen migrants who are born abroad.
I take this opportunity also to clear up the misunderstanding that gave rise to a letter from Mr Simon Wrest, also published on March 18th; whatever proposal will be put to the people will be prospective only in effect, and will not deprive any person who already has an entitlement to be an Irish citizen of that entitlement.
Your correspondent Mr Garret Barden (letter published on the same date) may rest assured that the referendum will indeed, as he puts it, "have nothing to do with precisely where the parents of future citizens or non-citizens come from".
The proposal to be put to the people in this referendum is being developed at present. The Minister welcomes any contributions to this debate which will assist him in arriving at a situation where the welcome presence of non-nationals, no matter of what nationality or colour, who have settled in Ireland to share in the development of the Irish society and or economy will be acknowledged by conferring the right to acquire Irish citizenship on their children born here. - Yours, etc.,
ALAN MULLIGAN, Press Officer, Department of Justice, Equality and Law Reform, St Stephen's Green, Dublin 2.