Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

I am glad to take this debate on behalf of my colleague, the Minister for the Environment, Community and Local Government, Deputy Kelly. I thank Deputy Hannigan and the Joint Committee on European Union Affairs for their report, Voting Rights of Irish Citizens Abroad. It is good to have an opportunity to discuss the issues raised in the report and update Deputies on related developments since the report was published in November 2014. I commend the committee on its work and on the way in which it has given the opportunity for all stakeholders to engage and express, on the record, their views and opinions in respect of this matter.

The background to the committee report is its decision to consider a European Commission recommendation published in January 2014. The Commission recommendation addressed voting rights of EU citizens in member states. The Commission made a number of recommendations based on its view that a link could be made between voting rights and the right to free movement within the European Union. It may be useful if I briefly outlined the background to the Commission recommendation and the view taken on it in Ireland. Earlier research undertaken by the Commission had drawn attention to the fact that some EU citizens lose the right to vote in their national elections when they leave home and take up residence in another member state. This could be true in the case of Ireland, for example, as our voter registration laws require voters to be ordinarily resident in their constituencies. EU citizens in these circumstances can find themselves in a situation where they do not have a vote for the national parliament either in their home member state or in their member state of residence. The Commission came to the view that national policies which disenfranchise citizens in this way may also be regarded as limiting the right of EU citizens to move and reside freely within the EU.

When consulted, we indicated to the Commission that we did not share the view that the electoral system in Ireland could be regarded as a serious impediment to free movement within the EU. I note that the joint committee came to the same conclusion in its report. In any event, electoral systems in the member states are a core national competence. Irish electoral law makes provision for citizens of other member states resident in Ireland to vote in Dáil elections where there are matching arrangements that allow our citizens to vote in their parliamentary elections. This is the position, for example, in the case of Irish citizens resident in the United Kingdom and British citizens resident in this State. In any event, the Commission pressed ahead with the publication of its recommendation. The Commission recommended that EU citizens who show a continuing interest in the affairs of their home member State should be facilitated in voting at their national elections. This continuing interest would be demonstrated by individuals re-applying at agreed intervals to remain on the national register in their home member state.

The Joint Committee on European Union Affairs undertook to consider the Commission recommendation in greater detail. The report we are debating today sets out the committee's conclusions. The joint committee recommended that the Government should accept the principle that voting rights should be extended to Irish citizens abroad, that it should proceed to design a system that would be workable in an Irish context and that an electoral commission be established to implement these recommendations.

The issue of voting by Irish citizens living abroad has been considered by various Oireachtas committees. They came to the view that the existing electoral arrangements in Ireland should be maintained. Notwithstanding this position, the Government established the Constitutional Convention to consider, among other issues, giving citizens resident outside the State the right to vote in presidential elections at Irish embassies, or otherwise. The wider agenda of extending voting rights to Irish citizens resident outside the State in other elections or in referendums was not part of the programme for Government. The Constitutional Convention undertook the work involved and reported to the Houses of the Oireachtas in November 2013 in its fifth report. The Joint Committee on European Union Affairs acknowledged in the report that issues of concern to the committee had also been considered by the Convention.

The findings reached by the Convention are well known at this stage. The members of the Convention came out clearly in favour of citizens resident outside the State, including those in Northern Ireland, having the right to vote in presidential elections. However, they were more divided when considering the category of citizens to whom the franchise should be extended. While 36% said that the right should be given to all citizens living outside the island of Ireland, 53% said that this right should only be given to those citizens who had lived in Ireland at some stage. A further 11% were undecided on this question. They were also divided on the question of whether there should be a time limit on how long citizens could be resident outside the island of Ireland and continue to qualify for a vote.

In launching the Global Irish: Ireland's Diaspora Policy document last March, the Government outlined its position on the recommendations contained in the fifth report of the Convention. The Government acknowledged that an extension of voting rights to Irish citizens outside the State would be welcomed by many members of the diaspora. The Government accepted that doing so would allow them to deepen their engagement with Ireland and play a more active role in Irish society. On the other hand, the Government indicated that it would be challenging to introduce and manage. The Government decided that before any decision could be made on the holding of a referendum, a range of policy, legal and practical issues would need to be considered and deeply analysed in the first instance. The potential costs arising would also need to be fully analysed and considered. With this in mind, the Government asked the Minister for the Environment, Community and Local Government, in co-operation with the Minister for Foreign Affairs and Trade and the Minister of State with responsibility for diaspora affairs, to analyse these issues and report back to Government. This work has commenced.

The Joint Committee on European Union Affairs report also identified the need for careful examination of the issues involved in extending the franchise to Irish citizens resident outside the State. The committee reported that these issues included the definition of citizenship and a reflection on whether a time limit should apply to entitlement to vote. It is worth reflecting briefly on these points and on some of the other considerations that arise as well.

There is general acceptance that the diaspora would welcome an extension of the franchise to them in presidential elections. Yet we do not know how many Irish citizens make up that diaspora. A conservative estimate from the Department of Foreign Affairs and Trade suggests that approximately 1.65 million Irish citizens are resident abroad. When the Northern Ireland population of 1.8 million is added to this, we have a total of 3.5 million citizens resident outside the State. These figures exclude those who might have an entitlement to Irish citizenship but who have not taken up that entitlement to date. Indeed, some have estimated the Irish diaspora could be in the region of 70 million. While many of these people may not qualify for Irish citizenship, some would. At issue is how many. Should we extend the vote to all with an entitlement to Irish citizenship or should it be confined to those born on the island of Ireland? These are the types of questions that arise and need to be examined. We need to be cognisant of the potentially large numbers involved. Furthermore, we need to consider the impact, the cost and the type of arrangements that would need to be put in place to accommodate any extension of the franchise.

Other countries have a time dimension to their citizens' entitlement to vote when resident abroad. In Australian federal elections, for example, citizens who are absent for up to six years can be registered as overseas voters. After that, the enrolment can be renewed annually on application to the Australian Electoral Commission. For general elections in New Zealand, citizens who have lived in New Zealand for more than one year continuously and who have visited New Zealand in the past three years can be registered as overseas voters. Closer to home, UK and Northern Irish citizens can register as overseas voters for Westminster and European elections. To do so, they have to be registered as residents in the UK within the last 15 years. We need to consider whether to have a time dimension in any arrangements to be introduced in Ireland. If we decide to include such a dimension, then we must consider whether it should be for five, ten or 20 years.

An important dimension to our considerations is the position of Irish citizens resident in Northern Ireland. Ireland and Northern Ireland have a unique constitutional relationship since the Good Friday Agreement and any consideration of the franchise issue would need to be considered fully in that context. This would include considering the political sensitivities there may be about legislating for the electorate in the North to vote in an election in this jurisdiction and the need to ensure any proposal is fully consistent with the State's recognition of the current constitutional status of Northern Ireland.

There are also many practical and operational challenges to consider. Arrangements for the registration of new voters and for voting by those voters would need to be thought through. Logistical and cost implications of various options would need to be assessed. The integrity of any new arrangements introduced must be foremost in our considerations. As I stated, the Government has committed to undertaking the analysis required and that work is under way. When it is completed, decisions will be made as to whether proposals for change will be put to the electorate in a referendum.

The Joint Committee on European Union Affairs also recommended that an electoral commission be established to implement its recommendations. The programme for Government contained a commitment to set up an electoral commission. A recommendation made by the Convention on the Constitution to establish an electoral commission was also accepted by Government in April 2014. I will outline for Deputies the steps that have been taken on the establishment of an electoral commission since the publication of the joint committee report.

On 27 January last, the Minister for the Environment, Community and Local Government, Deputy Kelly, published his consultation paper on the establishment of an electoral commission in Ireland. The consultation paper examines the present system of electoral administration and its costs. It sets out principles of good governance to inform the setting up of an electoral commission. It analyses recommendations made by other bodies, including political parties, Oireachtas committees and academics. It also considers experience internationally with similar structures.

When he published his paper, the Minister asked the Joint Committee on the Environment, Culture and the Gaeltacht to undertake a public consultation process based on 11 key questions set out in the consultation paper. These cover the commission's structures and functions, reporting arrangements, its relationship with other bodies currently involved in electoral administration, as well as practical matters, including staffing and funding arrangements.

The committee engaged in a wide-ranging consultation with interested parties between March and July. I understand that it is due to report back to the Minister shortly with recommendations. This will inform further the consideration of the issues arising in the preparation of the electoral commission Bill. It should be understood, however, that there is a significant amount of work to be undertaken in moving this forward. The Minister made it clear when publishing his consultation paper that establishment of an electoral commission will take a number of years to complete. The development of legislation is a necessary first step but we need to do it right.

I commend Deputy Hannigan and the Joint Committee on European Union Affairs on their report and their engagement and work in this matter. They have highlighted a number of factors that need to be borne in mind as we undertake the analysis on extending the franchise to citizens resident outside the State. As I have stated, that analysis is under way and will be completed in due course.

See this speech in context