Dáil debates

Wednesday, 27 November 2019

Ceisteanna (Atógáil) - Questions (Resumed)

Electoral Process

1:30 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

We are happy to work with the Opposition on this if it can present legislation that is up to standard and sound. The electoral commission's establishment is guided by several recent reports and public consultations. These include the 2016 report of the Joint Committee on Environment, Culture and Gaeltacht on the consultation on the proposed electoral commission and the regulatory impact assessment and public consultation concerning the establishment of an electoral commission that were completed by the Department of Housing, Planning and Local Government earlier this year. Submissions received as part of this consultation expressed broad support for the establishment of an electoral commission on a statutory basis and initial assignment of a limited number of functions with a view to assigning functions over time.

While the statutory functions for the initial transfer to the electoral commission have not yet been finalised, proposed functions for the initial transfer include responsibility for the register of political parties, responsibility for the reviews of the national and European electoral boundaries, currently conducted by the Constituency Commission, and responsibility for the consideration of local area boundaries, which are currently reviewed by the local area boundary committees. It is also intended that the electoral commission will include a new research and advisory function to inform the Government and Oireachtas in their consideration of electoral law reform.

The Government is very conscious of the discrepancy that now exists between print broadcast media and online platforms when it comes to political advertising. There is an obvious gap in safeguarding the electoral process from online disinformation as the area is entirely devoid of regulation. The current proposal to regulate for transparency in online political advertising would make provision in legislation to mitigate this gap. The regulation of political advertising in broadcasting media is part of a wider regulatory framework for advertising. Advertising in the print media is subject to a self-regulation code of the Advertising Standards Authority of Ireland but political advertising is not within the scope of this code. It is our view that overhauling the regulatory provisions across all platforms is therefore a more significant task, requiring a comprehensive review by the electoral commission when established, in consultation with the Broadcasting Authority of Ireland.

In the meantime, as a priority, it is intended to press ahead with legislation to cover online advertising owing to the absence of regulation in this area. A general scheme will be prepared for quarter 2 of 2020 in line with the Government decision of 5 November 2019. The general scheme will be prepared in consultation with the Department of Communications, Climate Action and Environment and other members of the interdepartmental group, as appropriate.

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