Thomas Pringle (Donegal, Independent) | Oireachtas source

That is it. I am here to stay. Regarding the management of the register, research has shown that there is public confidence in local authorities managing the register due to the practical benefits of local knowledge. I would agree with that. The committee recommended an oversight role for the electoral commission in the management of the electoral register and I agree that an oversight role of local authorities' management would be sufficient. The councils have the role now and they should continue with it. However, what is required to properly manage and address the issues with the register is a centralised voter registration process. I hope that how to go about establishing a centralised voter registration process will be the main focus of the electoral commission following its establishment.

The Bill aims to address these challenges by providing for a rolling register and the use of PPS numbers to verify the identity of electors in the registration process. I welcome the introduction of a rolling register that can be updated throughout the year. That will go a long way towards dealing with some of the problems with the existing register. I recall instances where council staff were locked out of Garda stations during registration courts. That is happening regularly too. This is stuff that cannot be pursued and it is very difficult to get a prosecution. I welcome the introduction of a rolling register rather than the current system of publishing a draft register in November and a final register in February. This would be a much better system and would ensure a more accurate register. However, I have serious concerns about requiring a PPS number to register to vote. Everyone resident in this country should be entitled to vote. As the Irish Council for Civil Liberties stated in its submission:

The right of eligible persons to participate in the democratic process through casting ballots in elections and referenda is one of the most basic fundamental democratic freedoms ... Eligibility to vote does not require a PPSN and therefore to require a PPSN in order to register to exercise this right is fundamentally undemocratic.

It must be emphasised that the sharing of PPS number data cannot be a compulsory requirement. I understand that much needs to be done in addressing duplication issues and that the requirement of a PPS number would be a quick and easy way to do this. However, this does not mean that this is the approach that should be taken. It should be the role of the electoral commission to look at different ways to tidy up the register, such as creating a list of eligible IDs and a requirement of proof of address. Tying someone's right to vote to the possession of a PPS number is undemocratic and poses potential privacy issues. As well as this, it rules out many people in this country who do not possess PPS numbers, particularly members of marginalised groups.

I also support the ICCL’s position that individuals should not be forced to prove or disclose their personal illness or disability in order to justify access to postal voting. This requirement should be removed and everyone should be entitled to a postal vote if they can prove they need it.

An extremely important aspect that should be included in this Bill is the protection of the right to freedom of association and expression for civil society groups. Everyone in this Chamber has engaged and worked closely with advocacy groups and we all know how incredibly important they are. I have worked with many community groups and civil society organisations in my many years as a politician. The work they undertake is extensive. The role they play in our society cannot be overstated. Unfortunately, as a consequence of the extension of the Electoral Act 1997, advocacy groups have been faced with the unintended consequence of their advocacy work being classed as having "political purposes". The term "political purposes" is hugely problematic as has a very wide interpretation. This definition does not efficiently distinguish between the campaigns of politicians and the everyday work of advocacy groups. I cannot emphasise enough that this must be addressed in the legislation going forward. I ask the Minister to look at that and see if something can be done. "Political purposes" is taken to mean having an opinion on any political policies or engaging on policy issues, which encompasses many community and civil society groups. I understand that the purpose of the Electoral Act was to protect the integrity of elections but this definition has prohibited many advocacy groups from accepting any substantial domestic donations or grants to assist their work and has prohibited any international funding. This Bill is a clear opportunity to amend the incredibly problematic definition of "political purposes" and we must grab this opportunity to do so. The Electoral Act seriously compromises Ireland’s democratic values. Advocacy must be supported at all costs and we must do all we can to protect the rights of advocacy groups to continue their work.

I take this opportunity to commend the Civil Engagement Group in the Seanad, and particularly Senator Lynn Ruane, who addressed this issue in her Electoral (Civil Society Freedom) (Amendment) Bill in 2019. That Bill sought to amend section 22 of the Electoral Act and provided for a new definition of "political purposes". When contributing on the Bill in 2020, Senator Higgins said she had hoped the new electoral reform Bill would address this very important definition issue and that it would not get lost when addressing all the other issues. Unfortunately, it seems that is just what happened. I urge the Government to address this issue as a matter of urgency. It should have been taken into consideration when drafting the legislation. Community groups should be able to engage on important issues without fear of compromising their ability to fundraise.

I strongly welcome the introduction of a pending electors list for 16 and 17 year olds. Last year I introduced a simple constitutional amendment Bill that would allow people to register to vote from the age of 16 years and to vote in all elections, including referendums. It is very important that we give young people a voice. Having a pending electors list will certainly help with a lot of registration issues that young people come across when turning 18 and moving away from home. It might also build their interest in the electoral system. Ultimately, the goal should be to extend the vote to them as well. I again have concerns about the compulsory requirement of PPS number as an identifier for young people and this is something that needs to be addressed further.

I welcome that the Bill creates a new regulatory regime for online political advertising during election periods. This is very important in this age of growing technology. That said, should this be confined only to election periods? Over the last number of elections, because they were very defined spending periods, there was a massive amount of spending in the run-up and then it collapsed or fell off. This should be extended to reflect what is actually happening across the board. I also welcome that the Bill includes direction on facilitating elections during a pandemic or Covid-19. However, this should also be extended. We should be looking at strategies for holding elections in all national emergencies, including pandemics, natural disasters and cyberattacks. That should be looked at.

Overall, I welcome parts of this Bill and I strongly welcome the establishment of an electoral commission. There is no doubt that this is overdue. I hope it will contribute to much fairer and more accurate democratic elections in this country. However, I seriously hope the democratic concerns I have outlined today are taken into account, especially with regard to PPS numbers and the definition of "political purposes". As I said, this legislation is important and urgent, but it is absolutely vital that we get it right at this stage because we cannot do it retrospectively.

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