John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

That is fair enough. The Deputy will have his chance to speak later. I can only speak about the advice we have received. Many of the British citizens resident in Ireland have dual citizenship and many may be full Irish citizens at this stage. Obviously, in that case, their voting rights remain as is. However, the issue that we are discussing in these two amendments is primarily one of trying to level the playing field between British citizens and the citizens of other EU member States who are living in Ireland in relation to European Parliament elections.

With regard to the point made by Deputy Darragh O'Brien, this is absolutely consistent with the position of every other European member state on voting rights in the upcoming and future European Parliament elections. Should the UK opt to remain, British citizens resident in Ireland will be treated the same as every other citizen of an EU member State living in Ireland in relation to time periods for nomination and entitlement to vote under these amendments.

Deputy Ó Broin referred to something that we may hear more of in coming weeks in the event of an extension. Britain will be obliged to hold European Parliament elections under the treaties as they stand if there is to be a longer extension. That will mean that British citizens living here will be entitled to vote. In the event of a short extension, the new European Parliament does not officially take office until the first week in July. There is a body of opinion that in the event of a short extension British elections to the European Parliament would not be necessary. Then, in the Irish context, we would be able to elect our allocation of 13 MEPs.

Deputy O'Sullivan referred to the Attorney General's advice. It is very clear and in line with what other member states are doing. I do not have any great joy in it. Something which struck me when I first contested an election 20 years ago was the amount of British citizens who are living in south Kilkenny, in my case, but more generally around the country. I know many of these people will have Irish citizenship by now but it is a significant part of the electorate. Before I give any more anecdotal evidence, I will read the official departmental line. The right to vote in European elections is provided for in section 8 of the European Parliament Elections Act 1987 which states "every person whose name is on the register of European electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a European election in that constituency." Legislative provisions in respect of the register of electors are provided for in Part 2 of the Electoral Act 1992 which in section 9 provides that a "person shall be entitled to be registered as a European elector in a constituency if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either (a) a citizen of Ireland, or (b) a national of a Member State other than the State." Accordingly, if the UK withdraws from the EU, British citizens resident in the State who do not hold dual citizenship with another member state will no longer have the right to vote or to stand as candidates in European Parliament elections. I wish there was an easier softer answer but having opted to leave the EU, the EU's institutions have the right to decide who is entitled to vote in the elections. That is partly what this legislation is about.

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