Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I am glad to have the opportunity to outline the provisions of the Bill, which will deliver on the ambitious electoral reform agenda set out in A Programme for Government - Our Shared Future. The package of reforms set out in the Bill will address some of the most significant challenges our electoral system faces and, what is more, will create much-needed capacity within our system to anticipate and address new challenges into the future. At a time when democracy is under pressure throughout the globe, this is an opportunity to strengthen it in Ireland. Getting right the balance and legislative structure of the Bill has been a major undertaking, and I thank in particular my departmental officials and the Office of the Attorney General for the work they have done on it. It is founded on political consensus and public support built up over the years through reports and consultations.

The Bill contains detailed provisions in respect of four distinct areas. First, it will establish an electoral commission, that is, an independent, specialised body positioned at the centre of our electoral system, bringing a range of existing functions under one roof and taking responsibility for several new functions that will address emerging opportunities and challenges as our society and electoral environment evolve. Such a commission has long been promised and I am proud we are now delivering on it. The Bill will also provide a legislative basis for the modernisation of our electoral registration process, a modernisation that is long overdue. It will make registering to vote more accessible and streamlined and enable online registration in simplified forms, with a continuously updated, or rolling, register in order that people can update their details at any time.

In addition, the Bill will provide for the regulation of online political advertising. The spread of online disinformation in the run-up to electoral events is one of the most serious threats to our electoral system in Ireland. In response to this threat, the Bill will provide for greater transparency in respect of online political advertising during electoral periods. It will ensure transparency in political advertising and help protect our electoral processes from hidden interference. These provisions entail bringing the online electoral advertising space into line with our existing regulations for more traditional forms of advertising. Finally, the Bill includes measures to assist returning officers in running electoral events should public health restrictions be in place due to a pandemic, such as we have just experienced in the context of Covid-19.

I will now elaborate on the provisions of the Bill. Part 1, covering sections 1 to 4, inclusive, addresses preliminary and general matters. Part 2, which takes in sections 5 to 76, inclusive, will provide the legislative basis for the electoral commission. The commission will be assigned a broad range of functions and powers. In line with international best practice, it will be independent of the Government and will be directly accountable to the Oireachtas. The approach set out in the Bill to the commission's structure and functions is in keeping with the views of the Oireachtas, as outlined in the 2016 report of a Oireachtas joint committee regarding a proposed electoral commission, and with the views of the public, following a public consultation process carried out in 2019 on a regulatory impact analysis on the establishment of an electoral commission.

Chapter 3 of Part 2 sets out the governance arrangements for the commission. It provides for seven members, including a chairperson, who will be a serving or retired senior member of the Judiciary nominated by the Chief Justice. Two members, namely, the Ombudsman and the Clerk of the Dáil, will serve in an ex officiocapacity. They currently have a prominent role in several functions that will be transferred to the commission. The four remaining, ordinary members will be selected by an independent Public Appointments Service, PAS, process, which has been set out in detail in section 9. They will be appointed by the President following a recommendation of both Houses of the Oireachtas. These ordinary members will have skills and expertise in a range of areas that will assist the commission in its work. The commission will be led by a chief executive appointed by the Government following a public, independent PAS selection process. He or she will be responsible for implementing the policies of the commission and managing its day-to-day administration and business. It is intended the commission will be funded by its own Vote and the chief executive will be the Accounting Officer in this regard.

Chapters 4 to 8, inclusive, of Part 2 will provide for the transfer of existing functions to the commission. Chapter 5 will see the commission taking on the work formerly carried out by referendum commissions, explaining the subject matter of referendums, promoting public awareness of referendums and encouraging people to vote. Chapter 6 will transfer responsibility to the commission for the registering of political parties, with the commission's chief executive taking on the role of registrar from the Clerk of the Dáil. Appeals against decisions of the registrar will be handled by the board of the commission. Chapter 7 will empower the electoral commission to carry out reviews of, and make reports on, Dáil and European Parliament constituencies. This work is currently carried out by constituency commissions and legislated for primarily in the Electoral Act 1997. The current provisions will be repealed and their provisions transferred to this chapter. Such boundary reviews will be commenced following the publication of preliminary census results.

Chapter 8 will assign responsibility to the commission for the review of local electoral area boundaries, transferring the role from boundary committees, which are defined under the Local Government Act 1991. The terms of reference of such reviews will be subject to the approval of both Houses of the Oireachtas. Chapter 9 of Part 2 will provide for the commission to take on a new policy research and advisory function. As part of its work, the commission will prepare research programmes, conduct research on electoral policy and procedure, and provide advice, as required, to the Minister and the Government on electoral issues. It can make recommendations to the Government regarding proposals for changes to electoral legislation. The commission will also promote public awareness of, and public participation in, the State's electoral and democratic processes through education and information programmes. This is an expansion of the work that referendum commissions carry out as part of their roles. The commission may also prepare and publish ex postreports on how electoral events were administered. Chapter 10 will provide that the commission will have an oversight role in respect of the register of electors, while Chapter 11 will make technical, consequential amendments to a range of other legislation.

5 o’clock

I turn to Part 3 of the Bill, covering sections 77 to 116, inclusive. This Part deals with the new modernised arrangements for the registration of electors. It makes amendments to those key electoral Acts which set out the legislative basis for our electoral registration process, principally the Electoral Act 1992, which is covered by Chapter 1. Chapters 2 and 3 replicate and reflect those changes in other enactments, including the Electoral Act 1997 and the Electoral (Amendment) Act 2006.

Given that this is amending legislation, many sections are lightly amended. In general these relate to updates, for example, by removing references to the draft register or supplement that will no longer be relevant in the context of rolling registration. References to the qualifying date are also removed throughout as the date of application will be the date of relevance in each case.

Sections 78 to 81, inclusive, update sections 7 to 12 of the Electoral Act 1992 in this way, along with other technical adjustments. Section 82 amends the 1992 Act to provide, among other technical changes, for a new process where a person has no fixed premises at which they are ordinarily resident. It enables the provision of a correspondence address and a place at which the person considers themselves resident and registration authorities are given power to consider such applications. Also included is a requirement to review this provision after three years of operation.

Section 84 amends section 13 of the 1992 Act, which provides for the electoral register. The amendment provides for the introduction of continuous registration, which is a central plank of this modernisation process and will ensure a single process all year round, enabling updates at any time. It provides that the register in force at the time of commencement of this section continues in force to be updated and maintained by the registration authority in line with the provisions of the Act. It specifies the point after which an application will have no effect in respect of an electoral event and sets the requirement on local authorities to publish the register in advance of such an event.

Section 85 provides that the Minister may, by regulation, designate a single registration authority to establish, manage and maintain a shared database for use by all registration authorities in the performance of their functions. This work is under way and will over time enable a single high level of security and data protection to be applied to register data. Each local authority will remain responsible for its own register and will work within the shared system. This section also specifies the purpose and content of the database as well as providing for a cost-sharing agreement between authorities.

Section 87 provides the data-sharing framework that will enable and support the work of registration authorities in the new process. It provides for the sharing of information between local authorities in the performance of their functions and for the provision of confirmation of identifying particulars by the Minister for Social Protection for the purpose of maintaining and updating the register. These processes are further detailed in the Second Schedule to the 1992 Act which is amended by section 104. It also provides for the making of an order by the Minister for a periodic data-sharing exercise and sets the requirements for such an order. Data protection tests of necessity and proportionality are included throughout this section.

Sections 88 and 92 make changes to postal voting provisions and special voting provisions in the 1992 Act, including broadening the definition of illness and disability to those with mental health difficulties and, given the move to a rolling register, providing for a time-bound postal or special voting arrangement in line with medical certification.

Sections 100 and 101 make amendments to facilitate voting by special voters if their place of residence is temporarily inaccessible.

Section 90 provides for the new individual application process for entry to the register or for updating details. Such applications are to be made to the registration authority for decision in respect of eligibility criteria as well as the identity data checks provided for in amendments to the Second Schedule in section 104. A right of appeal in case of refusal is also provided for.

Section 91 introduces anonymous registration for those whose safety might be at risk if their name and address are published or made available. It sets out the evidentiary requirements, which can either be an order under specified legislation or a declaration by a qualified person. A postal vote is provided for in such cases.

Section 93 provides for the new pending elector list which will enable pre-registration by 16- and 17-year-olds. When they turn 18 they will be added to the register and removed from the pending elector list. The list will be separate to the register and will not be published or made available. Further detail on the application process, which mirrors that of the register itself, is set out in the Second Schedule as amended in section 104.

Section 95 updates and expands section 20 of the Electoral Act 1992 on the role of registration authorities in maintaining the register. Section 96 inserts a new section 20A into the 1992 Act, which requires annual reporting by each registration authority to the Electoral Commission.

Section 98 inserts a new section to set out a process of third party claims, ensuring that we retain the ability of any person to raise an issue in respect of possible inaccuracies or issues with the register.

Section 104 makes a series of changes to the Second Schedule to the 1992 Act. It further details provisions in the main body of the Act as outlined, including in respect of enabling the gathering of specified data such as Eircodes, PPSNs and date of birth, and sets out the processes for considering applications, including basic data checks, which will improve accuracy and integrity. These changes together will result in a more accessible, responsive registration process giving rise to a more accurate and secure register of electors.

I turn to Part 4 of the Bill, which runs from sections 117 to 139, inclusive. This Part provides for transparency in respect of online political advertisements which have been purchased to run during the period of an election or referendum campaign. This period has been defined in the Bill as that beginning on the day of the making of a polling day order and ending on polling day.

Section 119 requires the compulsory labelling of paid online political advertisements during electoral periods. In effect, each online political advertisement must be labelled as a political advert and must provide a link to specified information for voters, in a clear and conspicuous manner, on who is behind the advert, the total cost of the advert and why they are being targeted. This information must be displayed in a "transparency notice" which is clearly linked to the online political advertisement.

Sections 120 to 123, inclusive, set out the obligations on online platforms and the steps they must take to verify the identity of the buyers of online political advertisements and the information provided by them in connection with the purchase of online political advertisements.

Sections 125 to 128, inclusive, empower the Electoral Commission to appoint authorised officers to monitor compliance with the provisions of Part 4 and to investigate any suspected breaches by online platforms or by the buyers of online political advertising in order to determine if enforcement action is needed. Sections 129 and 130 provide for these compliance notices, and set out that appeals against them may be made to the District Court. Sections 131 and 132 provide for a streamlined enforcement procedure which will apply during the relatively narrow focus of an electoral period.

I flag that, in addition to the provisions in Part 4 and having specific regard to the dissemination of electoral information in the online sphere, I have asked the Attorney General to prepare proposals and options for inclusion in the Bill around the protection of the integrity of our electoral processes. This will include the Electoral Commission being assigned an appropriate function in this regard. Any necessary amendments to the Bill arising from this work will be brought forward as the Bill progresses through these Houses.

Lastly, Parts 3 and 5 of the Bill include legislative amendments to facilitate the holding of polls if public health restrictions are in place during a pandemic. Part 5 gives returning officers flexibility to allow polling to take place at electoral events over more than one day to facilitate social distancing at polling stations.

Sections 141 to 145, inclusive, apply this flexibility to each of the electoral codes, making the necessary amendment to the Referendum Act 1994, the Presidential Elections Act 1993, the European Parliament Elections Act 1997, the Local Government Act 2001 and the Local Elections Regulations 1995.

The Bill is a significant reform of our electoral legislation, processes and structures. It makes our system more accessible and inclusive. Its provisions harness the opportunities presented by technology while addressing the challenges that it also presents.

I wish to flag further amendments on electoral funding to protect our State from malicious interference in our democratic system. The issue of islands voting simultaneously with the mainland will also be addressed on Committee Stage. I will engage further with committee members on these key issues as drafting progresses. My Department is engaging with the Central Statistics Office, CSO, on population estimates and I will table amendments to satisfy the requirements under Article 16 of Bunreacht na hÉireann on Dáil representation.

I am thankful to the Joint Oireachtas Committee on Housing, Local Government and Heritage for the detailed pre-legislative scrutiny that was afforded to the general scheme of the Bill. The perspectives of the committee and the wide range of expert witnesses it consulted with were invaluable in the course of the drafting of the Bill. I am glad to say that a significant majority of the recommendations set out in the committee's report are reflected in the Bill.

I look forward to Deputies' contributions as we progress through the parliamentary process.

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