Twenty-seventh Amendment of the Constitution of Ireland
Encyclopedia
The Twenty-seventh Amendment of the Constitution of Ireland
provided that children born on the island of Ireland
to parents who were both non-nationals would no longer have a constitutional right to citizenship of the Republic of Ireland
. It was effected by the Twenty-seventh Amendment of the Constitution Act, 2004, which was approved by referendum
on 11 June 2004 and signed into law on the 24 June of the same year. It partially reversed changes that had previously been made to the constitution as part of the Belfast Agreement
of 1998.
had existed in the state in law since 1922 and in the constitution since 1999. The adoption of the Twenty-seventh Amendment was intended to permit laws that would remove this right under certain circumstances. Since 1999 Article 2
of the constitution has stated (in relevant part):
The introduction of this guarantee in 1999 formed a part of the Belfast or 'Good Friday' Agreement
and was largely intended to ensure that people from Northern Ireland
would not be deprived of Irish citizenship. However after Article 2 was changed complaints started to be made that foreign asylum seekers and illegal immigrants were deliberately presenting themselves at hospitals in the Republic or in Northern Ireland in the late stages of pregnancy in order to secure citizenship for their children, a practice sometimes called "birth tourism
".
In January 2003, the Supreme Court of Ireland added to this controversy by ruling that it was constitutional for the Government to deport the parents of children who were Irish citizens. In May 2004 the European Court of Justice
ruled in the case of Kunqian Catherine Zhu (the Chen case
) that a non-native mother whose child was born in Northern Ireland and thus acquired Irish citizenship had the right to live with her child in the United Kingdom
. The implications of this ruling were that the parent of an Irish citizen who is still a child would have the right to reside anywhere in the European Union
. The mother had been living in Wales
and had been liable to deportation there but had travelled to Northern Ireland on legal advice to give birth.
The effect of the Twenty-seventh Amendment was not to immediately remove the right to citizenship by birth but rather that it would cease to be a constitutional right. After the amendment the right to citizenship by birth still existed in law and it remained for the Oireachtas
(parliament) to pass ordinary legislation that would remove it. Furthermore the amendment did not remove the constitutional right to citizenship by birth from everyone. Today a constitutional right to citizenship still exists for anyone who is both:
Under Subsection 2° no one who was already an Irish citizen before the amendment was adopted would have their citizenship taken away from them.
–Progressive Democrats
coalition government of Bertie Ahern
. It was also supported 'in principle' by Fine Gael
(the main opposition party) but Fine Gael complained that there had not been sufficient consultation and refused to mount any referendum campaign. The amendment was opposed by the Labour Party
, the Green Party
, Sinn Féin
, and the Socialist Party
, as well as by the Republic's official Human Rights Commission and the Irish Council for Civil Liberties
(an NGO
). It was also opposed by Northern Ireland
's SDLP
, as Irish citizenship is an option for people born there.
The government presented the amendment as a common sense proposal that would close a constitutional loop-hole and allow Irish law to be brought into line with the rest of Europe. In 2004, no other nation of the European Union
granted citizenship by birth in the same manner as the Republic of Ireland. However, citizenship by birth does exist in some non-European nations such as the United States
.
Some criticisms of the amendment related merely to the manner in which it was proposed. Some argued that the amendment had been rushed through without proper debate and consultation. Because the constitutional right to citizenship had been introduced as part of the Belfast Agreement
it was argued that there should have been consultation with Northern Ireland
political parties; in fact the only signatory of the Agreement initially consulted was the British government. In the lead-up to the referendum the Irish and British governments issued a joint statement saying that they did not regard the constitutional change proposed as affecting either the content or the intentions of the Belfast Agreement. However opponents of the Agreement, such as the Democratic Unionist Party
, would later cite the amendment as evidence that the Agreement was open to renegotiation.
The referendum on the amendment was held on the same day as both European and local elections and so some argued that the Government was attempting to exploit popular prejudices in order to boost its election prospects. It was also argued that the Government had not presented sufficient evidence to show the amendment was necessary and that the numbers exploiting the constitutional "loop-hole" were in fact statistically small.
In the referendum, the amendment was ultimately approved, by a large majority of almost 80% in favour.
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
provided that children born on the island of Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
to parents who were both non-nationals would no longer have a constitutional right to citizenship of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. It was effected by the Twenty-seventh Amendment of the Constitution Act, 2004, which was approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on 11 June 2004 and signed into law on the 24 June of the same year. It partially reversed changes that had previously been made to the constitution as part of the Belfast Agreement
Belfast Agreement
The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
of 1998.
Changes to the text
- Insertion of new Article 9.2.1:
- Notwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law.
- Insertion of new Article 9.2.2:
- This section shall not apply to persons born before the date of the enactment of this section.
- Previous Article 9.2 retained but renumbered as Article 9.3
Overview
In 2004, an automatic right to citizenship by birthJus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
had existed in the state in law since 1922 and in the constitution since 1999. The adoption of the Twenty-seventh Amendment was intended to permit laws that would remove this right under certain circumstances. Since 1999 Article 2
Articles 2 and 3 of the Constitution of Ireland
Article 2 and Article 3 of the Constitution of Ireland were adopted with the constitution as a whole on 29 December 1937, but completely revised by means of the Nineteenth Amendment which took effect on 2 December 1999...
of the constitution has stated (in relevant part):
- 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. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland.
The introduction of this guarantee in 1999 formed a part of the Belfast or 'Good Friday' Agreement
Belfast Agreement
The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
and was largely intended to ensure that people from Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
would not be deprived of Irish citizenship. However after Article 2 was changed complaints started to be made that foreign asylum seekers and illegal immigrants were deliberately presenting themselves at hospitals in the Republic or in Northern Ireland in the late stages of pregnancy in order to secure citizenship for their children, a practice sometimes called "birth tourism
Birth tourism
"Birth tourism" is a term for travelling to a country that practices birthright citizenship in order to give birth there, so that the child will be a citizen of the destination country.-United States:...
".
In January 2003, the Supreme Court of Ireland added to this controversy by ruling that it was constitutional for the Government to deport the parents of children who were Irish citizens. In May 2004 the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
ruled in the case of Kunqian Catherine Zhu (the Chen case
Chen case
Kunqian Catherine Zhu, also known as Catherine , was born on 16 September 2000 in Belfast to Chinese parents who were living in Wales and working for a Chinese firm in Britain...
) that a non-native mother whose child was born in Northern Ireland and thus acquired Irish citizenship had the right to live with her child in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The implications of this ruling were that the parent of an Irish citizen who is still a child would have the right to reside anywhere in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. The mother had been living in Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and had been liable to deportation there but had travelled to Northern Ireland on legal advice to give birth.
The effect of the Twenty-seventh Amendment was not to immediately remove the right to citizenship by birth but rather that it would cease to be a constitutional right. After the amendment the right to citizenship by birth still existed in law and it remained for the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(parliament) to pass ordinary legislation that would remove it. Furthermore the amendment did not remove the constitutional right to citizenship by birth from everyone. Today a constitutional right to citizenship still exists for anyone who is both:
- Born on the island of Ireland (including its islands and seas).
- Born to at least one parent who is, or is entitled to be, an Irish citizen.
Under Subsection 2° no one who was already an Irish citizen before the amendment was adopted would have their citizenship taken away from them.
Campaign
The Twenty-seventh amendment was introduced by the Fianna FáilFianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
–Progressive Democrats
Progressive Democrats
The Progressive Democrats , commonly known as the PDs, was a pro-free market liberal political party in the Republic of Ireland.Launched on 21 December 1985 by Desmond O'Malley and other politicians who had split from Fianna Fáil and Fine Gael, the Progressive Democrats took liberal positions on...
coalition government of Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
. It was also supported 'in principle' by Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
(the main opposition party) but Fine Gael complained that there had not been sufficient consultation and refused to mount any referendum campaign. The amendment was opposed by the Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
, the Green Party
Green Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
, Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
, and the Socialist Party
Socialist Party (Ireland)
The Socialist Party is a socialist political party active in Ireland. It is a member of the Committee for a Workers' International .Formerly known as Militant Tendency, then Militant Labour, it adopted the name The Socialist Party in 1996. From their foundation in 1972 until the 1980s, members of...
, as well as by the Republic's official Human Rights Commission and the Irish Council for Civil Liberties
Irish Council for Civil Liberties
The Irish Council for Civil Liberties is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland.-History:...
(an NGO
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
). It was also opposed by Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
's SDLP
Social Democratic and Labour Party
The Social Democratic and Labour Party is a social-democratic, Irish nationalist political party in Northern Ireland. Its basic party platform advocates Irish reunification, and the further devolution of powers while Northern Ireland remains part of the United Kingdom...
, as Irish citizenship is an option for people born there.
The government presented the amendment as a common sense proposal that would close a constitutional loop-hole and allow Irish law to be brought into line with the rest of Europe. In 2004, no other nation of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
granted citizenship by birth in the same manner as the Republic of Ireland. However, citizenship by birth does exist in some non-European nations such as the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Some criticisms of the amendment related merely to the manner in which it was proposed. Some argued that the amendment had been rushed through without proper debate and consultation. Because the constitutional right to citizenship had been introduced as part of the Belfast Agreement
Belfast Agreement
The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
it was argued that there should have been consultation with Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
political parties; in fact the only signatory of the Agreement initially consulted was the British government. In the lead-up to the referendum the Irish and British governments issued a joint statement saying that they did not regard the constitutional change proposed as affecting either the content or the intentions of the Belfast Agreement. However opponents of the Agreement, such as the Democratic Unionist Party
Democratic Unionist Party
The Democratic Unionist Party is the larger of the two main unionist political parties in Northern Ireland. Founded by Ian Paisley and currently led by Peter Robinson, it is currently the largest party in the Northern Ireland Assembly and the fourth-largest party in the House of Commons of the...
, would later cite the amendment as evidence that the Agreement was open to renegotiation.
The referendum on the amendment was held on the same day as both European and local elections and so some argued that the Government was attempting to exploit popular prejudices in order to boost its election prospects. It was also argued that the Government had not presented sufficient evidence to show the amendment was necessary and that the numbers exploiting the constitutional "loop-hole" were in fact statistically small.
In the referendum, the amendment was ultimately approved, by a large majority of almost 80% in favour.
Result
See also
- Irish nationality lawIrish nationality lawIrish nationality law is the law of the Republic of Ireland governing citizenship. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. Irish nationality law is currently contained in the provisions of the Irish Nationality and Citizenship...
- Articles 2 and 3Articles 2 and 3 of the Constitution of IrelandArticle 2 and Article 3 of the Constitution of Ireland were adopted with the constitution as a whole on 29 December 1937, but completely revised by means of the Nineteenth Amendment which took effect on 2 December 1999...
- Birth tourismBirth tourism"Birth tourism" is a term for travelling to a country that practices birthright citizenship in order to give birth there, so that the child will be a citizen of the destination country.-United States:...
External links
- Twenty-seventh Amendment of the Constitution Act, 2004 (Full text at IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)