Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I was referring to the Minister of State's colleagues in government. Let us move away from the monarchists for a while and get back to building a democratic, inclusive republic which respects all our citizens, including Independent candidates. That is a very important reform that should be put down.

Some of us have checked up on this issue on the legal side. The Electoral (Amendment) Act 2007, in its amendment of section 46(8) of the principal Act, deals with the issue in terms of specifying the term "Non-Party", and the same is the case in respect of the Electoral Act of 1992. The Supreme Court found that the description of Independent as non-party was not misleading and there was nothing wrong with its use. On the basis, Acts have continued to us the term "Non-Party". However, while the term might not be misleading or particularly wrong in the eyes of the court, it does not mean that it is any more accurate than using the term "Independent". Therefore there is nothing in the Supreme Court decision that binds or forces a Government to use the term "Non-Party". It is instead a matter of choice for the Government, and that is the legal advice. In my view the best way to approach it is to pitch it as a tidying up exercise intended to create consistency and simplification. A Bill like Deputy Catherine Murphy's could be drafted to change the term "Non-Party" and also to use the word "Independent", and that is important. If we are serious about reform, democracy and inclusion, the Minister will have to wake up and respect Independent candidates throughout the country, such as Councillor Damien O'Farrell in Dublin Bay North, and other councillors in the constituency of Carlow-Kilkenny or Limerick.

They must be respected. The Minister should consider the Electoral (Amendment) Act 2007 and respect the people involved in this issue. Several weeks ago I asked the Minister, Deputy Hogan, about this and the answer he gave me was that paragraph 14(6) of the 1995 local elections regulations provides that where a candidate is not the candidate of a registered political party contesting the local elections, the candidate may include on his or her nomination paper the expression "non-party".

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