The preliminary judgment of the European Court of Justice that a Chinese woman and her Irish-born daughter are entitled to live in any EU country on account of the child's Irish citizenship confirms the correctness of the Government decision to proceed with a referendum on the issue, the Minister for Justice said this evening.
Mr McDowell said the ruling confirmed his fear that the existing citizenship right conferred by birth in Ireland "constitutes a significant loophole with significant European dimensions".
The Department of Justice said it is examining the ruling, which it said would have significant ramifications for Ireland.
A spokesman for the Minister, pointed out that Ireland is the only country in the EU where the parents of children born on the island of Ireland are Constitutionally entitled to citizenship.
The National Consultative Committee on Racism and Interculturalism (NCCRI) said the Government should take the opportunity to revise its present policy and to introduce a fast-track regularisation programme as soon as practicable for the families of existing Irish-born children in Ireland.
The European Court was considering the case of Ms Man Levette Chen, who moved to Belfast in 2001 to give birth after receiving legal advice that choosing Northern Ireland would guarantee the child Irish nationality, which is granted to anyone born anywhere in the island of Ireland.
Once that was achieved, the European Court of Justice in Luxembourg was told, Ms Man's plan was to take her Irish daughter to live in Britain under EU rules that allow nationals of one member state - such as Ireland - the right to settle in another.
The child legitimately received an Irish passport - but the British authorities unexpectedly challenged the right of either mother or daughter to live in Britain at all.
The British Home Office decided to refuse them both permission to stay permanently. But today the Advocate-General of the European Court of Justice decreed that decision illegal.
If upheld by the full court in a final ruling later this year, today's "opinion" will mean mother and child can stay in Cardiff, where they are awaiting the result of the legal wrangle over their future.
The court as told that Mrs Chen was aware that giving birth in Britain would not give her new baby automatic residency rights because of the terms of the British Nationality Act.