Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I am pleased to have this opportunity to provide the Government's formal response to the recommendations of the Constitutional Convention contained in its fifth report.

Members will be aware of the Government's approach in this matter as the opportunity was taken in launching Global Irish - Ireland's Diaspora Policy last March to outline the Government's position on the fifth report of the convention. The Government's position was also outlined in this House during the debate on the Thirty-fourth Amendment of the Constitution (Presidential Voting) Bill 2014 on 11 March 2015. A clear majority of convention members were of the view that citizens resident outside the State, including citizens resident in Northern Ireland, should be given the right to vote in presidential elections. It is clear that extending the franchise, as recommended by the convention, would require an amendment to the Constitution. The Government decided that it would be necessary first, to analyse the full range of policy, legal and practical issues that would arise before any decision could be made on the holding of a referendum. Accordingly, 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 to report back to the Government in due course.

It would be useful to remind ourselves of the main issues to be analysed. The Department of Foreign Affairs and Trade has estimated conservatively that there are some 3.5 million Irish citizens resident outside the State, including those resident in Northern Ireland. At the other end of the scale, the Irish diaspora is estimated by some at 70 million. We must be aware, therefore, of the potentially very large number of citizens to whom the franchise might be extended and what the impact might be, both on the population of the State and with regard to the administrative and cost implications that would arise. In our analysis, we are considering a number of questions. Should all citizens resident outside the State have the vote in presidential elections or should it be limited to a particular category? Should it be citizens who are only absent from the State for a set period of time? If so, what would be the appropriate time, for example, five, ten or 20 years? Should it be citizens born on the island of Ireland only? Should it be passport holders only?

The implications of extending the franchise in presidential elections to citizens in Northern Ireland would present significant practical challenges. The potential electorate in Northern Ireland is sizeable. It has a population of approximately 1.8 million, with an electorate of over 1.24 million, the vast majority of whom have a birthright to Irish citizenship. In addition, Ireland and Northern Ireland have a unique constitutional relationship since the Good Friday Agreement and any consideration of the franchise issue would have to be considered fully in that context. This would include considering the political sensitivities there might be in legislating for the electorate in the North to vote in an election in this jurisdiction and the need to ensure that any proposal is fully consistent with the State's recognition of the current constitutional status of Northern Ireland.

Other practical and operational challenges would be no less significant if the franchise in presidential elections was extended to citizens resident outside the State. Arrangements for the registration of new voters and for voting by those voters would have to be workable and robust. Considerations arising here would include the method of voting, cost and resource needs and the security of the ballot. In summary, there is a series of complex and inter-related issues - issues of both principle and practicality - that must be analysed in detail. The Government is committed to undertaking that analysis and a start has been made on the work involved. At this stage, however, it will be for the next Government to consider taking this matter forward.

In conclusion, I commend the work of the Constitutional Convention. We all owe a particular debt of gratitude to the ordinary members of the convention for engaging so positively with this important work.

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