Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank the Senators for raising this issue. Amendment No. 1 proposes to amend section 3(2) by substituting An Coimisiún Toghcháin for the Minister for Housing, Local Government and Heritage. Amendment No. 2 similarly seeks to amendment section 3(2) by inserting "following consultation with An Coimisiún Toghcháin" after the reference to the Minister. Section 3(2) is a standard provision that has been inserted into constituency revision Bills dating back to 1923. It provides a means of resolving disputes over which constituencies contain particular townlands or electoral divisions. The legislation is framed in such a way as to preclude any such doubt but because neighbouring townlands or electoral divisions can have identical or similar names, the possibility of confusion cannot be ruled out. While a Minister has not had to exercise his or her function under analogous sections in previous enactments in living memory, it is nonetheless desirable to retain the proposed provision in case a genuine doubt arises. Ultimately, this provision provides for the removal of any doubt that might arise as to whether an electoral division or townland or any part or parts thereof is included in a particular constituency. It is not intended to provide for amending any of the constituencies as set out in the Schedule.

The practical effect of the proposed amendments would be to provide that an coimisiún, rather than the Minister, would be the adjudicator if any such doubt arises or alternatively, it would be the Minister in consultation with an coimisiún. While I accept that the proposed amendments are well intentioned and acknowledge that the establishment of a permanent and independent electoral commission with a statutory responsibility for constituency reviews does change the field in this matter, I would nonetheless make the case that there is still merit in this function remaining with the Minster for a number of reasons.

First, the Minister is responsible for the development of policy and legislation in connection with the holding of elections and is the sponsor of the Bill. The retention of this function is consistent with the Minister's responsibilities on elections and electoral law more generally. An Coimisiún Toghcháin makes recommendations in respect of constituency boundaries. After that, it is a matter for the Minister to bring forward legislative proposals for the consideration of the Oireachtas just as we are doing now with this Bill. Second, while an coimisiún may be well placed to clarify any doubts relating to the description of constituencies as set out in the Schedule on the grounds that it mirrors the recommendations set out in the constituency review report of 2023, matters relating to the precise boundary of an electoral division or townland may more accurately fall within the remit of the national mapping division of Tailte Éireann. Third, I believe that in the unlikely event that a doubt may arise as to whether an electoral division or townland or part or parts thereof is included in a particular constituency, in practice, the Minister in situwould consult with all relevant bodies including An Coimisiún Toghcháin and Tailte Éireann in advance of making a determination on the matter. For these reasons, I do not support amendments Nos. 1 and 2.