Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank the Deputy for her amendment and for her letter which I read, and we responded to. As she outlined, it proposes to amend section 3(2) by replacing Minister for Housing, Local Government and Heritage with An Coimisiún Toghcháin.

It is a standard provision, as she said, and that has been inserted into constituency revision Bills going right back to 1923. It does provide 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, that is where this arises from. The possibility of confusion cannot be ruled out 100%. While a Minister has never had to exercise his or her function under this section, it is nonetheless desirable to retain the provision in case a genuine doubt actually does arise.

The provision is for the removal of any doubt that might arise and it is not intended to provide for amending constituencies that are set out in the Schedule of the bill. That is why we have An Coimisiún Toghcháin. It is good and I know the Deputy is very supportive of the fact that we have now have the Electoral Commission on a statutory and permanent basis.

I recognise the fact that the amendment has been put forward in a very constructive manner and for good reason. However, the practical effect of the amendment would be to provide that An Coimisiún Toghcháin, rather than the Minister, would be the adjudicator if any doubt were to arise as to whether a particular electoral division or a part of that electoral division or a townland or anything contained within it, was included in a particular constituency.

I accept that it is well-intentioned and acknowledge that the establishment of the permanent independent Electoral Commission with statutory responsibility for constituency review changes the field in this matter. Nevertheless, I would make the case that there is still merit in the function being retained with the Minister for a number of reasons I will outline.

The Minister is responsible, and any Minister in the future will be responsible, for the development of policy and legislation in connection with the holding of elections. As Minister, I am the sponsor of this 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 and after that, it is a matter for the Minister to bring forward other potential legislative proposals for the consideration of the Oireachtas. It is very important that the Oireachtas still has and retains that role, just as we are doing right now, with this legislation.

Second, while the commission may be well placed to clarify any doubts related to a description of a constituency as set out in the Bill on the grounds that it mirrors the recommendations set out in the constituency review report, matters relating to the precise boundary of an electoral division or a townland may more accurately fall within the remit of Tailte Éireann.

This is if it ever arises, which it has not as of yet. In the unlikely event that a doubt may arise as to whether a particular electoral division or townland, or a part of one, is included in a particular constituency, the Minister in situwould consult all relevant bodies, including An Coimisiún Toghcháin, and including Tailte Éireann if we needed to get into detailed mapping exercises, in advance of making a determination on the matter. It is for these reasons, while recognising the intention of the amendment, that I cannot accept it.