Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 8, between lines 10 and 11, to insert the following: “ “Commission” means An Coimisiún Toghcháin;”.

These amendments relate to the role of the Electoral Commission regarding the holding of future plebiscites and some minor consequential amendments. Part 6 of the Bill deals with the holding of plebiscites to consider proposals by other local authorities to provide for a directly elected mayor of their administrative area. This part of the Bill is based on similar plebiscite provisions in the Local Government Act 2019, with some changes. Under the 2019 Act, the relevant local authority was required to provide information in relation to the plebiscite proposal to the electors in advance of the holding of the plebiscite. However, the new Electoral Commission, An Coimisiún Toghcháin, is now established and has a role to provide information to the public on electoral and other events and to encourage participation in same. The Bill, therefore, identifies the Electoral Commission as the appropriate body to fulfil the role of providing information to the public in relation to plebiscites held in the future. The purpose of these amendments is to clarify the role of both the Minister and the commission in providing information to the public prior to a plebiscite being held. My Department has consulted with the Electoral Commission on this matter.

Amendment No. 85 is the substantive amendment and it replaces subsections (6) and (7) of section 43 with new subsections. New subsection (6) restates much of existing subsection (7) by setting out the details of the specific information that should be provided to the public in advance of a plebiscite for a directly elected mayor, such as the functions of the office, the likely effect on the local authority concerned and the likely cost or resource implications of the proposal. This subsection clarifies it is the Minister’s role to provide the commission with the core policy information in that respect and that this should be done in a timely manner to enable the commission comply with its obligations. New subsection (7) sets out the commission’s obligations. It provides that, not unlike its role regarding referendums, the commission will prepare a statement or statements, which will include a summary of the information provided by the Minister as set out in new subsection (6). It also provides that the commission has discretion to include such further information as it considers appropriate. Following that, and no later than 30 days prior to a plebiscite, the commission is obliged to publish and distribute the statements so as to bring the plebiscite proposal to the attention of the electors, in both the Irish and English language.

Amendment No. 1 is a technical amendment, which inserts a definition in section 2 of the Bill, that "Commission" means "An Coimisiún Toghcháin", as the term is used in both Part 6 of and Schedule 2 to the Bill.

Amendments Nos. 87 and 93 are both minor consequential amendments to section 44 and Schedule 2 to the Bill in order that the term "Commission" is used consistently throughout the Bill, with the meaning assigned under section 2.