7 April 2004
Dr. Henry: I am quite sure there is not one Member of this House who does not want to see this referendum brought forward in a calm and responsible manner. At the same time, I am sure I am not the only Member to receive letters asking what I intend to do about black girls pushing top of the range buggies in this city. We must recognise the facts on the ground. I am not suggesting the Irish nation is racist although anyone who has read the study by Father Micheál McGréil, the Jesuit socialist——
Mr. B. Hayes: He is a sociologist.
Ms O’Rourke: I would say he is also a socialist.
Mr. B. Hayes: As a student, he was a socialist.
Ms O’Rourke: I would say he is still a socialist, in the best sense of the word.
An Cathaoirleach: Senator Henry without interruption, please.
Dr. Henry: Some 30 years ago he stated that Irish people were not racist because we were all much the same but that if we could be, we would be, which was rather depressing.
I can understand the Minister’s reasons for bring forth this amendment. It is not creating fortress Ireland; it is a perfectly reasonable amendment. There is genuine concern that there will be a racist reaction from many people such as those who have contacted me in the past. For some people in this country, the word tolerance is very small in their lexicon. We need to face up to this issue which arose in one constituency during the last election. That was a truly regrettable incident. Unfortunately, the person who put forward those racist views gained from them and many people will think it is the smart thing to do this time. While I do not believe the Minister wants that to happen, we must recognise that it could happen. Of course, every Member of this House will do their utmost to avoid it but, nevertheless, it will happen in the forthcoming elections.
The Minister spoke briefly of women coming here to give birth and endangering themselves. He stated:
Many women are willing to risk their own lives and the lives of their children by arriving here in the late stages of pregnancy. In many cases, I have no doubt that they were operating on the misguided notion that it is in the best interests of not only themselves but of their unborn children.
I believe it is in the best interests of the entire family. In the past, such people were granted residency. The Minister disabused people of the idea that this was his reason for introducing this amendment and I feel I have a duty to put on the record of the House the statement by my colleagues and constituents, Dr. Michael Geary, master of the Rotunda and Dr. Sean Daly, master of the Coombe. The Minister is reported as saying on 11 March 2002 following a meeting with the two masters which actually took place a year and a half ago:
They pleaded with me to do something to change the law in relation to this. They didn’t ask for additional resources, they were asking me to change the law. So I’m a bit surprised if it is being suggested that that is not the request that was being made.
That quotation is contained in an article in The Irish Times dated 13 March 2004. The masters say they did not express an opinion on what the Minister should do. Their statements reads:
On Thursday, 17th October, 2002, we were invited by officials of the Department of Justice to attend a meeting the following morning. The meeting was co-ordinated by the officials of the Department of Health and the Department of Justice.
This meeting was called following discussions between the Rotunda Hospital, the Department of Health and the Reception & Integration Agency where it had been agreed a new facility was required in the Balseskin Reception Centre to streamline care for asylum-seekers newly arrived in the country. The meeting was attended by Dr. Sean Daly, master of the Coombe ’omen's Hospital, Dr. Michael Geary, master of the Rotunda Hospital, officials from the Department of Health, the Department of Justice and the Reception & Integration Agency, and the Minister, Mr. Michael McDowell. Dr. Declan Keane, master in the National Maternity Hospital, was unable to attend the meeting.
The two masters highlighted the need for increased resources as a result of (A) the increasing number of women presenting to their hospitals for delivery who were non-nations, (B) the complexity of the medical problems which they now encountered, and (C) the particular risks presented both to the individual and the staff by women presenting very late in pregnancy to access obstetric care. Drs. Daly and Geary emphasised the need for increased resources and the importance of a co-ordinated Government response.
The Minister for Justice outlined three possible options available to his Department: (1) Legislative change around the issue of citizenship; (2) The holding of a referendum; (3) Await the result of the pending Supreme Court judgment which was dealing with the issue of the right of parents to remain in Ireland to look after a newly-born Irish citizen.
It was generally acknowledged that the issue of citizenship was a major factor in women choosing to have their babies in Ireland and it was felt that this was an issue for Government. However neither Dr. Daly or Dr. Geary expressed any opinion as to the three options outlined by the Minister, and at no time pleaded for a referendum. The masters believed and appreciated that the need for increased resources within the context of a co-ordinated Government response was acknowledged.
The provision of maternity services was, and continues to be, the concern of the hospitals and a follow-up meeting was held with the Minister for Health on Wednesday, 20th November, 2002 to discuss resources.
Senator Brian Hayes is quite right in saying that following the Supreme Court case in 2003, when it was ruled that parents did not have a right to remain here because their child had been born in this country, not an unexpected ruling, there was no diminution in the number of people having children in this country. However, there has been an interesting change in the composition of those non-nationals. Before the court case, 75% of those giving birth in this country were asylum seekers and 25% were economic migrants, but now the position is reversed, with 75% economic migrants and 25% asylum seekers. Many of the economic migrants are from countries very shortly to become members of the European Union. I wonder whether we might not be taking a sledgehammer to crack a nut, given that the rate is apparently decreasing by 2% or 3% a month at present. That is substantial, month on month, and perhaps we are being hasty.
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