Citizenship Referendum: Interpretative Declaration by the Irish and British Governments regarding the British Irish Agreement
Both Governments have discussed the proposed amendment toArticle 9 of the Constitution of Ireland in the context of theBritish Irish Agreement of April 1998. In this regard, bothGovernments have agreed the attached InterpretativeDeclaration.
DECLARATION OF THE PARTIES TO THE AGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Whereas an agreement between theGovernment of Ireland and the Government of the United Kingdom ofGreat Britain and Northern Ireland was done at Belfast on the 10thApril 1998;
Whereas the two Governments have considered Article 4(1)(b) ofthat Agreement and the amendments to the Constitution of Irelandset out in Annex B to the Section entitled Constitutional Issues ofthe Multi-Party Agreement and the current effects and consequencesof Article 2 of the Constitution and the acquisition of rights tocitizenship of children of parents without a sufficient connectionwith the island of Ireland;
The two Governments hereby give the following legalinterpretation:
That it was not their intention in making the said Agreementthat it should impose on either Government any obligation to confernationality or citizenship on persons born in any part of theisland of Ireland whose parents do not have sufficient connectionwith the island of Ireland;
And therefore the two Governments declare that the proposal toamend Article 9 of the Constitution of Ireland so as to providethat a person born in the island of Ireland, which includes itsislands and seas, who does not have, at the time o his or herbirth, at least one parent who is an Irish citizen or is entitledto be an Irish citizen, is not entitled to Irish citizenship ornationality, unless otherwise prescribed by law, is in accordancewith the intention of the two Governments in making the saidAgreement and that this proposed change to the Constitution is nota breach of the said Agreement or the continuing obligation of goodfaith in the implementation of the said Agreement.
The British Government notes that the Irish Government confirmsthat the rights of all persons referred to in Article 1(vi) of, andAnnex 2 to, the said Agreement will be preserved bylegislation.