Oireachtas Joint and Select Committees

Thursday, 23 November 2023

Select Committee on Housing, Planning and Local Government

Electoral (Amendment) Bill 2023: Committee Stage

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

I thank Deputy Bacik. I note the intention of the amendment, which is a little more prescriptive than the other amendments. I will detail in my response the reasons I will not accept it. However, I suggest that there is a way forward with it. Deputy Bacik has outlined what she wants to do. Included in the amendment is a request that An Coimisiún Toghcháin undertake detailed research within a period of 18 months from the enactment of the Bill on the reconstitution of electoral divisions. Essentially, the amendment proposed would require the Electoral Commission to carry out a particular piece of research. I do not think this is a problem per se.

Research will be a very important function of the commission. Members are aware that earlier this month, on 9 November, An Coimisiún Toghcháin published its draft research programme for 2024 to 2026. It has set out a number of items for research and I will give some examples, including some that caused a lot of debate in the Dáil on Second Stage. The items for research include the use of posters, the reduction of the voting age, by-elections, the 1997 Electoral Act review dealing with political donations and expenditure and other such important matters, the number of TDs and the 18-month rule. The Electoral Commission has published its draft research plan and it has gone out for public consultation. It has invited all interested parties to make submissions and suggest any additional research project that might be considered important to promote and enhance our democracy and further streamline what the Electoral Commission will do. The deadline for submissions is 12 January 2024. There is ample time for the sensible suggestion that Deputy Bacik has brought forward to be included in this body of research.

The one objection I have to being prescriptive about asking the Electoral Commission to do specific research is that we have not reached into its research function. It has published its draft programme. It would be appropriate for Deputy Bacik, as the leader of the Labour Party and a TD, and anyone else who is interested, to make a submission to the Electoral Commission between now and 12 January 2024 on proposals to be included in its research programme.

There are other areas that people may want researched. I do not think it appropriate that they would sit in the Act itself. Research will be a very important function of An Coimisiún Toghcháin anyway. In light of the public consultation process under way, and the fact that I expect An Coimisiún Toghcháin will consult the committee and continue to engage with it and Members of the House, it is not necessary to legislate for it. The research function is there and it can be included in this. While I understand completely where Deputy Bacik is coming from, and I understand the logic behind the amendment, it is not appropriate to include it in the primary legislation in a constituencies Bill that will become a constituencies Act. It would be much more appropriate to do it as part of the research.

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