Michael Kitt (Galway East, Fianna Fail)

I move amendment No. 3:

In page 20, to delete lines 17 to 26 and substitute the following:

"13.— The Second Schedule to the European Parliament Elections Act 1997 is amended—

(a) in rule 17—

(i) in paragraph (a)(i) by substituting "six" for "four", and

(ii) in paragraph (a)(ii) by substituting "four" for "three",

and

(b) in rule 88 by substituting the following paragraph for paragraph (3):

'(3) When the last vacancies can be filled under this rule, no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of section 21 of the Electoral Act 1997 or section 13A(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.'.".

This amendment is grouped with Labour Party amendment No. 4 and has been introduced in response to the amendment tabled by Deputy Tuffy on Committee Stage and re-entered in modified form for Report Stage. It relates to the filling of casual vacancies in the European Parliament. The Deputy proposed that political parties would be able to nominate replacement candidates where the replacement list was exhausted, or those remaining on the list were unable, for whatever reason, to take up the position. The Minister was not inclined to accept the amendment on Committee Stage because of the existing provision for the Dáil to resolve the matter should it ever arise. Also, it is undesirable to have political parties selecting candidates without the electorate first having an opportunity to see who might represent them in Europe. The focus should be on parties and non-party candidates operating and making best use of the current arrangements for nominating replacements.

However, the Minister indicated on Committee Stage that he would reflect further on the matter. Currently, a registered political party may nominate such a number of replacement candidates in each constituency that does not exceed by more than four the number of candidates of that party nominated for the constituency. Therefore, if three candidates stand for a party, there can be seven names on the replacement list. If there are four candidates, there can be eight replacements etc. I am satisfied the number of replacements already provided for is sufficient for the circumstances likely to arise.

However, in view of the concerns expressed by Deputies on the opposite side of the House, and taking account of the fact that candidates themselves may, and often are, included as replacements, the Government amendment proposes to increase the limit from four to six for registered political parties. In future, if three candidates are standing for a party nine names are permitted on the replacement list, if four candidates are standing, ten are permitted etc. This is more than a sufficient number for any scenario likely to arise.

The amendment also proposes to increase the number, from three to four, of replacement candidates that a non-party candidate may nominate. This is contained in the proposed new paragraph (a) of section 13 and it adequately addresses concerns about people not being available to fill seats, while at the same time maintaining the important link with voter preferences expressed at election time.

In the circumstances, and in a spirit of compromise, I ask the House to accept the Government amendment. I ask that Deputy Tuffy consider withdrawing the Labour Party amendment.

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