Michael Kitt (Galway East, Fianna Fail)

I thank Deputies on all sides for their contributions. Comments focussed on the Bill and on the electoral agenda generally. It is not possible to comment on all points but I will respond to some of the issues raised. We can examine matters relating to the Bill in greater detail on Committee Stage.

I welcome the comments of Deputies Terence Flanagan, Ciarán Lynch and Cuffe, who acknowledged the integrity and independence of the Constituency Commission. I express thanks to the members of the Constituency Commission. I welcome the cross-party consensus evident in the debate in support of the commission process, particularly in respect of implementing the constituency revisions provided for in the Bill. It is vital that we work together on electoral matters as they are central to the functioning of democracy in this country.

Some Deputies have difficulties with specific recommendations of the commission and we understand these concerns. We must bear in mind that constituency formation is not a perfect science and people do not live in areas that allow for constituencies to be drawn up that meet with general approval. The overriding constitutional requirement of equality of representation means breaches of obvious boundaries are unavoidable in certain cases.

In examining the commission's recommendations the Minister is in the same position as every other Member. I do not have any information beyond what is set out in the report. Somebody's interest must be affected in the revision process. This is the price we must pay for our democratic system. We agree that the job should be entrusted to a commission. The commission has done the job that seemed best to it. Difficult choices had to be made, the available options were marshalled and the commission made informed and reasoned recommendations. I or other Members may have made a different choice but we cannot fault the commission for that. Deputy Stanton referred to consultation with eminent former politicians. The commission carried out its task in compliance with the guidelines issued to it. I ask the House to accept the report as framed in the Bill.

The debate showed the strong attachment to county boundaries. While this is understandable, the terms of reference of the commission are subordinate to the relevant constitutional provisions, which do not refer to counties. In O'Donovan v The Attorney General, Justice Budd 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.

Deputy Enright also referred to provincial boundaries. There is no absolute prohibition on the breach of county boundaries. At times the constitutional provisions require such action, difficult though it may be. The 2007 commission report is no different in this regard. Deputies Ciarán Lynch, Varadkar, Cregan and others referred to the procedures to be followed by the Constituency Commission in carrying out its report. As the Minister said in his opening statement, the Bill provides for updated and improved constitutional arrangements, including a minimum of three months for the making of submissions to the commission. These are important new measures that retain the essential framework that has allowed the commission to operate effectively over many years.

I urge people to engage with the submission process to the maximum extent rather than waiting until after the commission has reported to express their views. I have no doubt we will be engaging with these matters further in the course of our consideration of the Bill.

Deputies referred to local authority constituencies. On 16 June 2008 the Minister received the reports of the two boundary committees established in January to review local electoral areas. The reports were published on 17 June 2008 and the Minister announced that he was accepting the recommendations contained in both of them. The necessary statutory orders giving effect to the recommendations of the committee, which are a key element of the legislative framework governing the forthcoming elections, are currently being prepared in the Department and will be finalised over the coming weeks. I expect the process to be completed by early November.

Deputies Lynch, Clune and Bannon referred to the need for the establishment of an electoral commission. The House will be aware that the programme for Government contains a commitment regarding the establishment of an independent electoral commission which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, revise constituency boundaries, take charge of compiling a new national rolling electoral register, take over the functions of the Standards in Public Office Commission that relate to election spending and examine the issue of financing the political system.

The establishment of an electoral commission will be a major body of work. Issues arising for consideration will include international best practice, the commission's structure and functions, to whom it reports, its relationship with other bodies currently involved, and the approach to be followed regarding the extensive legislation required. My Department has appointed consultants to research the issues arising in respect of the establishment of the commission and to make recommendations on the way forward. The consultants' work is well under way and will be completed shortly. This will be an important input to future Government decisions in this area.

A number of Deputies referred to the register of electors. In law, the preparation of the register is a matter for each local registration authority whose duty it is to ensure as far as possible, and with the co-operation of the public, the accuracy and comprehensiveness of the register. In working to compile the register for 2007-2008 local authorities undertook and completed, with assistance from my Department, the most extensive registration campaign in decades. On the basis of the work undertaken, I am satisfied that local authorities achieved a significant improvement in the accuracy and comprehensiveness of the register, compared to previous years. The task now for local authorities regarding the register for 2009-2010 is to maintain and build on the progress made to date. My Department will bring in an advertising campaign to encourage people to check that they are on the register. This will start in the coming weeks. The draft register for 2009-2010 will be available from 1 November for checking and follow-up action. Individuals who are not on the register can, of course, avail of the supplement to the register until 15 days before the next polling day.

Beyond the immediate future, I welcome the recent report of the Joint Committee on the Environment, Heritage and Local Government on the future of the electoral register in Ireland, and related matters. The report is consistent with the commitment contained in the programme for Government to establish an electoral commission with responsibilities to include the compilation of a new national rolling electoral register to which I have already referred.

A number of Deputies commented positively on the proposals in the Bill regarding nominations. Regulating access to the electoral process is a common feature in most parliamentary democracies and is widely seen as necessary to discourage too large a number from contesting an election. The proposals in the Bill strike the right balance between providing for a reasonable test of the bona fidesof a prospective candidate and not setting that test so high as to unduly restrict people from seeking election. Candidates standing who are not in possession of a certificate of political affiliation will now be able to choose which option best suits their own circumstances. This may require the completion of statutory declarations at a centre in the constituency which may be witnessed by a commissioner of oaths, peace commissioner, a notary public, a garda or a local authority official, or it may require the lodgement of a deposit with the returning officer before the deadline for receiving nominations. This represents a significant improvement on the previous arrangements and I am satisfied it fully meets the constitutional requirements.

I stress again the Government's and my own view that the Constituency Commission's recommendations are a package which must be accepted or rejected in the entirety. The Government has decided to follow the established practice of implementing in full the recommendations of the independent commission. This is the best way forward.

I thank the Deputies for their contributions and I look forward to further debate on these important issues when we return to the Bill on Committee Stage.

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