Dáil debates

Thursday, 25 September 2008

Electoral (Amendment) Bill 2008: Second Stage (Resumed).

 

3:00 pm

Photo of Michael FitzpatrickMichael Fitzpatrick (Kildare North, Fianna Fail)

I welcome the opportunity to speak on the Electoral (Amendment) Bill 2008, which will have a real and practical effect on the political system in this country.

Population figures show that there are some serious variances from the national average population per Deputy in a number of constituencies. The Government has accepted the Constituency Commission's recommendations as a single package of interlinked measures that will, in accordance with constitutional imperatives and other legal requirements, bring Dáil and European Parliament constituencies into line with prevailing population patterns. The report that the commission returned is the best with which it could come up. Certain Deputies, even some in my party, may not be completely satisfied with the report but they must accept that the commission was obliged to work within its statutory terms of reference.

Previous speakers raised a raft of issues in respect of their constituencies. A slight change has been recommended in respect of my constituency, Kildare North. The population of Kildare has increased by almost 14% since 2002. The population in the county in 2006 was equivalent to 7.3 seats. The commission suggested, as the appropriate approach on this occasion, that there be a population transfer between the two constituencies in the county in order to address the variance in Kildare South. In recommending the addition of one seat to Kildare North, the 2003-04 commission suggested the transfer of an area in the north west of the county to that constituency and the Oireachtas made the necessary legislative provision.

The 2003-04 commission, in recommending the addition of a seat to Kildare North, also recommended transfer of an area in the north west of the county to that constituency from Kildare South and the Oireachtas legislated in respect of this. The current commission recommends the transfer of a further electoral division in the north west, and one in the north east of Kildare South, from that constituency to Kildare North. The total population will be is 1,314. This will provide Kildare North with a percentage variance of plus 4.2% from the national average population per Deputy.

I accept that there are Deputies who will be more severely affected by the proposed changes. However, I genuinely urge them to support the commission's report. It is very important that we maintain the long-established practice of implementing the recommendations of constituency commissions in full. To reject some of the commission's recommendations would be to revert to the partisan approach of the past, when constituency revisions were seen as having been framed to secure political advantage for the Government of the day. Those days are long gone.

Mr. Justice Clarke's judgment last year emphasises the urgent obligation on the Oireachtas to revise constituencies as soon as it becomes clear from a census that existing constituencies no longer have the level of proportionality that the Constitution requires. We have all had time to review the examples of the serious disparities that occur in some constituencies and we now have the opportunity to act and deal with these. In a judgment handed down in the O'Donovan case, Mr. Justice Budd of the High Court stated:

. . . although a system in the main based on counties has in fact been adopted, there is nothing in the Constitution about constituencies being based on counties. The Constitution does not say that in forming the constituencies according to the required ratio, that shall be done so far as is practicable having regard to county boundaries.

When it comes to politics — as opposed to matters relating to the GAA — county boundaries are not sacrosanct. Rather, it is those we represent who must come first when constituencies are being drawn up. As far as possible, the proportionality of constituents per Deputy must be maintained at a level that best serves the people. We must look beyond county loyalties and focus instead on our loyalty to best serving our constituents, regardless of the county in which they may reside.

The Bill brings forward significant and worthwhile improvements to the processes followed by constituency commissions in their work, as well as putting in place measures to facilitate the holding of the upcoming European and local elections. It is an essential item of legislation and I urge Members to support it.

It is good that we are engaged in a debate on matters of this nature. What we are doing here today is keeping the wheels of democracy in motion and ensuring that the most efficient political model possible operates in this country. By passing the Bill we will ensure that our constituents are served to the best degree possible under our political system. We are here to serve the people. In a time of much cynicism regarding politics and politicians, the Bill allows us to show members of the public that we have their best interests at heart.

I thank the commission for the work it has done. I acknowledge that it had a difficult task. It is in all our interests that the Bill be passed.

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