Lynn Ruane (Independent) | Oireachtas source

There might have been some confusion that someone would not make it to move the amendment. We will figure it out. Senator Sherlock has moved amendment No. 1. Amendments Nos. 1 and 2 seek to address an issue that was raised by Deputy Bacik in the Dáil. Section 3(2) currently provides that an area specified in the Schedule shall be taken to be that area as constituted on 1 October 2023, but if any doubt arises as to the constituency in which any electoral division or part thereof, or any townland or part thereof is included, the doubt shall, subject to section 1(b), be determined by the Minister for Housing, Local Government and Heritage. The issue here is that where there is a doubt as to the constituency boundary, the Minister would be the one who makes a determination as to which constituency the relevant area is in. Points were made in the Dáil that given we now have an independent Electoral Commission, that power should reside with it rather than the Minister. Amendment No. 1 proposes the substitution of the Electoral Commission for the Minister in this subsection to transfer that power.

My amendment is an alternative to amendment No. 1, which I would urge the Minister of State to accept. It would provide that prior to making a determination, where doubt arises as to what constituency an area sits in, the Minister would have to consult with the Electoral Commission. This is a reasonable compromise. The Minister stated in the Dáil that he does not see a role for the Minister of the day in this. What our amendment does is balance this with the role of the new commission. I urge the Minister of State to accept this amendment.