The leader of our party when he was Taoiseach in 1980 agreed with the Prime Minister of Britain that a reciprocal arrangement would be provided here. For that reason we have no objection from this side of the House. The unanimity expressed here and in the other House comes at a time when this country should be giving this type of example. Legislation which could be used in respect of cross-Border traffic and in the removal of the Border at a later date must be accepted in both Houses.
Many British citizens living in this State have made a worthwhile contribution to industry, socially and in technological training. They have been resident here for some time. Nevertheless, the question of legislation to extend this right to British citizens on a reciprocal basis is more complex than might at first appear.
In 1698 the House of Commons debarred all aliens from having the right to vote in elections, referenda or in elections to the House of Lords. As history tells us, up to 1922 we were not regarded as foreigners or aliens under British law. Up to 1949 we were still regarded as non-aliens and non-foreigners because then we were under a different legal system, we were in a British dominion. Although The Republic of Ireland Act, 1949, changed that somewhat, since 1949 citizens of Ireland are not in British law regarded as aliens or foreigners although there are classifications of various sections of Irish people. I do not know if it is a good thing to be regarded as an alien or a foreigner. If we look at the other side of the coin, if British nationality law was changed at any time, what would be our standing then? This legislation does not give to citizens of EEC states the right to vote in Dáil elections. Membership of the Community will bring many people to Ireland from other countries who will be resident here for long periods but as the Bill now stands it will not give the nationals of member states the right to vote in this State.
The Minister referred to the most crucial point, namely, the matter of constitutionality of the Bill. I am not a legal person, but having listened to the varied opinions of my legal friends on both sides of the House on another matter recently I wonder what will happen to this Bill when the legal people get hold of it and start to examine it. I have no doubt the constitutionality of this Bill could be questioned. Knowing what happened in the legal field of activities in recent times that is a probability. The reduction in the voting age from 21 years to 18 years was a non-contentious measure but the then Government felt that it would be unconstitutional to bring in legislation without first giving the Irish people the right to decide in a referendum. It was a very good thing to have that referendum to lower the age from 21 to 18 but it took a referendum to do that. It was a purely internal domestic matter that concerned this country solely but it took a referendum to make it constitutional. In the final analysis this matter will have to be considered carefully by the legal people. I have no doubt the Minister has got the benefit of the legal advice available to him. All the Seanad can do is to pass the Bill with the reservations I mentioned.
I do not know which party will get the benefit of the 10,000 to 12,000 voters who will come on to the register as a result of this measure. I would simply hazard a guess that neither the Minister's party nor my party will benefit from their inclusion on the register.
