Catherine Murphy (Kildare North, Independent)

I welcome the Electoral (Amendment) Bill 2004 primarily because proportional representation is the cornerstone of the Irish democratic system. It is vital that we continue to review the levels of representation. The independence of the commission is vital. I am concerned at the reactive manner in which we are dealing with the Bill and its consequences, mainly because of the terms of reference.

In April 2002 when the general election was called the population of Kildare North and Kildare South, to name two constituencies, was grossly under-represented. With a population of 28,491, Kildare North had the highest rate of population per Deputy and Kildare South had a population of 26,157. Those figures deviated considerably from the national average of 23,598. The census had just been taken before the general election and there was a lead in time before we knew the figures. However, those figures were broadly known. For Kildare North this represents a variance of 21% with the national average and for Kildare South the variance stood at 11%. These figures deviate considerably from the recommended maximum disparity of 5%. In real terms Kildare North was just 1,500 short of the minimum 30,000 per Deputy set out in the Constitution. That is extraordinary given that Bunreacht na hÉireann allows a window of 10,000 people between the maximum and the minimum levels of representation. Those are two examples of growing constituencies. Obviously, other areas on the east coast have the same difficulties.

It is possible given the right set of circumstances or the wrong set of circumstances for Kildare North or any other rapidly developing constituency to breach the constitutional provision where the maximum threshold is concerned, in view of the time it takes to introduce legislation to reflect the census figures. Extra tolerance should be built into the terms of reference to safeguard against this happening.

We are three years on from the 2002 census figures and given the continued rate of population growth in Kildare, primarily Kildare North, it is hard to imagine how the constituency could not be in breach of the 30,000 constituents per Deputy limit set out in the Constitution. We have only to look at the rate of house starts in 2002 contained in Housing Times, a copy of which all public representatives get regularly. It gives the house registrations by Homebond but they are only some of the house starts. Since 2002, 7,492 additional houses have been constructed. Assuming that only half of these are in Kildare North and that the occupancy rate is approximately three persons per household, which is the average used by local authorities to calculate a range of issues, the figure brings the number of constituents per Deputy to 24,118. If one assumes the same rate of growth for the next two years, given the level of planning applications and houses under construction, and factoring in the 9,554 persons who are to be transferred from Kildare South to Kildare North, the ratio will be worse than at present before the next general election. Using those figures the number of constituents per Deputy will be just short of 29,256 and only 743 short of the absolute minimum level of representation per Deputy as stated in the Constitution. That is dangerous in terms of knowingly entering into a revision that is likely to breach the constitutional provisions. That is a good example of where it can happen.

Kildare South, because of its level of growth and the fact that it is a three-seater constituency, is at risk of breaching the 30,000 limit. The potential for challenge is, therefore, entirely predictable. This is hardly the way to plan for a fair level of representation. Given the length of time following the census returns and the passing of legislation to allow constituency boundaries to be redrawn, account should be taken of rapidly growing areas and some tolerance levels should be built in, otherwise we will run into difficulty.

These constituencies are constantly playing catch-up in terms of the level of representation. It would most efficient and equitable for us to use population projection figures from the CSO which would give some guidance to the independent commission. It is difficult to stabilise a constituency or county which is continually growing and whose boundaries are continually changing. Parts of Kildare have been included with Wicklow, parts of Meath with Kildare and parts of Kildare with Dublin. Parts of Kildare North will move to and from Kildare South over the next couple of elections. That does not help the public's understanding of who is their public representative. It is a destabilising factor and does not help in regard to turnout at elections and so on. A tolerance level is important from that point of view.

The Bill upgrades Kildare North to a four-seater constituency, subject to the boundary alterations from Kildare South. The change is insufficient to deal with the difficulties that will arise. A boundary adjustment could and should be made. If we were to get two four-seater constituencies in Kildare one would still be within what is set out in the Constitution at 20,493 persons and it would avoid the threat of a challenge.

The issue of the electoral register is raised after each local and general election. For example, Maynooth has a transient population by virtue of the fact that it is a university town. Right across the political parties there is a consensus about the level of error on the electoral register. With 7,500 people registered, the number of errors is judged to be in the region of 1,500. This is absolutely ridiculous. It is the worst example in my constituency but it is not the only example. Fingers have been burned, a lot of money has been lost and the electronic voting system has been a fiasco. The possibility of voluntary electronic registration of voters should not be ruled out. Many people have access to the Internet. The use of proper safeguards such as PPS numbers could be considered. When I made inquiries in the past I was informed a national database would be required but such a database exists in the control of the local authorities. It could be flexible enough to allow for one litir um toghchán to be sent to each household rather than one to each voter. Safeguards will be required to protect the system from abuse.

I concur with other speakers on Friday voting that it has hindered rather than helped. It reduced the number of people voting in the by-election. They were delayed in late traffic and many people regard Friday as the end of the working week. I do not think it has worked and it should be re-examined.

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