Oireachtas Joint and Select Committees

Tuesday, 15 April 2014

Joint Oireachtas Committee on European Union Affairs

Voting Rights of EU Citizens: Discussion (Resumed)

2:00 pm

Ms Lynn Boylan:

I am grateful to the committee for the invitation to outline Sinn Féin's proposals on voting rights for Irish people living outside the State. While Sinn Féin welcomes the communication from the European Commission addressing the consequences of disenfranchising European citizens, our position on voting rights for Irish citizens living outside the State predates this communication and extends beyond EU member states, because it is based on the principle of equal citizenship. The current legislative disenfranchisement of citizens residing outside this State produces an unequal and two-tier citizenship. Sinn Féin supports full voting rights for all Irish citizens of voting age in presidential elections, regardless of their place of residence. This would give effect to Articles 2 and 3 of the Constitution, as amended by the Good Friday Agreement. Emigrant citizens are effectively disenfranchised immediately on their departure and dual citizens living in the North cannot exercise their constitutional right to vote.

Currently an anomaly exists whereby Irish citizens living outside the State may stand for the Presidency and serve as President if elected but they may not vote for presidential candidates. For this reason we support the introduction of an express constitutional guarantee of a right to vote in presidential elections for all Irish citizens of voting age. While the method by which this right is exercised is a matter for ordinary legislation rather the Constitution, care should be taken to ensure that Northern Unionists may also exercise this right should they so choose, without requiring them to compromise their identity or ethos.

Sinn Féin welcomed the Constitutional Convention's report on voting rights in presidential elections for Irish citizens living outside the State. Seventy-eight percent of delegates to the convention were in favour of extending voting rights. We also note, however, that the four-month deadline within which the Government was expected to respond has now passed. We urge the Taoiseach to arrange a debate in the Dáil on the matter and ask that such a debate be extended to include consideration of Oireachtas representation for Irish citizens living outside the State.

With regard to voting rights for the Oireachtas, Sinn Féin's position is twofold. In respect of diaspora representation, we regard the diaspora as fundamental to the Irish nation both historically and today. If we can ask our emigrant citizens and people of Irish ancestry to support Ireland financially and in the peace process, and to otherwise maintain and promote our cultural heritage abroad, it is not unreasonable to offer those passport holders who care enough to register and vote a limited form of representation in the Oireachtas. Sinn Féin proposes that such representation should take the form of a reserved constituency, which would neutralise any concerns people may have about swamping of electoral results by our large diaspora population. This would require an amendment to Article 16 of the Constitution. Sinn Féin does not support time limits on diaspora voting, and would instead require citizens in the diaspora to regularly register their intention to vote.

In regard to Irish citizens living in the North, we recognise that the Oireachtas is not the Parliament of a united Ireland, but Northern citizens are nevertheless affected directly and indirectly by many of the decisions and laws made by the Oireachtas. For this reason, Northern citizens should have the right to appropriate representation in the Legislature as a form of equal treatment for their identity, ethos and aspirations, which is guaranteed by the Irish Government under the Good Friday Agreement. We propose that democratically elected MPs for Northern constituencies be accorded automatic membership of the Dáil, where they could exercise full rights of representation on matters they consider relevant to their constituents, subject to reasonable parameters appropriate to their non-residence in this State as set out in legislation. MPs who choose not to take their seats should nevertheless be afforded attendance and speaking rights on matters of direct concern to their home constituencies.

Sinn Féin's position on the Seanad is that the diaspora and Northern citizens should be represented in a reformed Seanad that is fully inclusive, representative and accountable. We see this as taking the form of specified diaspora and Northern representation.

Sinn Féin fully supports the extension of voting rights to Irish citizens living outside the State. We are obliged to extend voting rights not only under our EU obligations but also under the International Covenant on Civil and Political Rights. The public will to make such a change has been demonstrated in numerous polls and in the Constitutional Convention. What is now required is the political will to make the change.