Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I have a lot to learn too. It is certainly appropriate that Deputy Durkan made the last contribution of the very important contributions this afternoon and in the last session. I will address a number of the points made and will then make a closing speech.

Deputy Connolly referred to the importance of data protection and acknowledged that data protection must be given the highest priority in our work in respect of electoral registration. A data protection impact assessment has been carried out and consultation with the Data Protection Commission has been undertaken throughout this process, and that engagement has been very positive and constructive. It is our intention to publish the data protection impact assessment. Provisions both in respect of the shared database and sharing data for the purposes of updating the register are clearly specified and delimited. In addition, those critical data protection tests of necessity and proportionality are applied to those provisions.

In regard to the appointment of a CEO, which was also raised by Deputy Connolly, I can confirm that the CEO will be appointed following an independent competitive process undertaken by the Public Appointments Service.

The issue of PPS numbers was raised by Deputy Pringle and a number of other Deputies. The gathering of information and limited sharing of that information is for the purpose of maintaining and ensuring the accuracy of the register of electors. The Bill is very specific in setting out the functions of registration authorities, as well as both the general and specific provisions under which they can gather data. Using PPS numbers in the process will enable a very simple process to register either online or on paper. Rather than being used as an identifier, the PPS number will enable cross-checking of the data provided with data already held by the Department of Social Protection. This will provide a vital check that information provided on forms is consistent and coherent and matches a record of a living individual.

Deputies Farrell and Higgins raised the formal tally process. It is an interesting point and, again, it is something we could ask the commission to consider, particularly in view of the fact that it could be dealt with in terms of regulations.

I welcome Deputy Jim O'Callaghan's kind comments on the Bill. He and a number of other Deputies raised the issue of the online space. Other initiatives are under way in terms of legislation on hate speech and European directives on disinformation. A number of other components would complement what we are doing here. I stress that ours is the first jurisdiction to bring in the regulation of online political advertising during electoral events at EU level.

I take on board the points Deputy Connolly made on how long this Bill has been in gestation. It has certainly been a slow train coming. I pay tribute to our team in the franchise section for the work they have done over many years to bring it to this point. It is historic in terms of the Legislature, our electoral system and the valuing of our democracy. We all share and cherish that here today.

The constructive debate was carried forward from the detailed pre-legislative scrutiny which the Joint Committee on Housing, Local Government and Heritage gave to the general scheme of the Bill last year. I appreciate the consistent support which has been expressed for both the Bill and its aims. The broad range of issues which all of the members have raised reflect the wide-ranging reform this Bill sets out. It brings far-reaching improvements to the systems and processes that underpin our democracy.

Given how fundamental these systems and processes are to our democracy, I welcome the fact the Bill is founded on political consensus and public support which have been built up over many years through reports and public consultations. I am confident that the Bill will make our electoral system stronger, more robust and more inclusive. The Minister and I are committed to harnessing the full range of perspectives from across the Oireachtas in order to strengthen this once-in-a-generation reform of our electoral system.

Deputies Ó Broin, Cairns, Cian O'Callaghan, Ó Laoghaire, Leddin and Martin Browne emphasised the need for the commission to work actively with under-represented groups, as was recommended in the pre-legislative scrutiny process. It is a testament to the work that was taking place at the committee, with organisations such as the Irish Travellers Movement, the National Women's Council of Ireland and the Immigrant Council of Ireland all taking part and making valuable contributions.

By providing that the commission may establish committees and allow flexibility to make external appointments to them, the Bill already provides a strong structure for working with stakeholders to broaden participation. The commission's research, advisory and voter education function is significant and substantive. As one of the commission's most active roles, I am determined that it will be well resourced in order that it can carry out its work. Our democratic structures are precious. We need to continue to strive to strengthen both them and participation in and engagement with them.

I also envision that the commission will place particular emphasis on increasing participation in our democratic structures among marginalised or traditionally under-represented groups. However, being mindful of the commission's independence from Government, I consider it appropriate to leave it open to the commission to decide how it fulfils its mandate in that respect. While broadening participation will be a function of the electoral commission, the implementation of the modernised electoral registration process will offer a significant opportunity to engage with all electors and potential electors.

As well as making it easier for people to register, the simplified process will enable registration authorities to focus their work on specific areas or cohorts to ensure the register is fully reflective of the population. A number of Deputies welcomed the Bill's provision for the pre-registration of 16- and 17-year-olds. I acknowledge that there have also been calls to provide for the lowering of the voting age to 16. In this regard, A Programme for Government: Our Shared Future contains a commitment to examine the Scottish experience of reducing the voting age to 17. The electoral commission will be well-placed to carry out this research and make its recommendations. I know there have been different experiences in other jurisdictions.

I have spoken to the Irish Second-Level Students Union and other organisations that had an interest in this and, certainly, the case has been made this evening for reducing the voting age to 16 for the local elections. However, I am of the view the commission is best placed to examine this further and not to just use the local elections as a test bed for that. I certainly have my own views on the matter, but it is important that we make informed decisions with regard to reducing the voting age.

Deputies, Ó Broin, Cian O'Callaghan and Pringle expressed disappointment that the Bill does not address civil society's concerns around the definition of "political purposes" in electoral law. A number of other Deputies also raised this matter. In reply, I must state that there is a commitment in the programme for Government to request that, when it has been established, the commission carry out research in respect of several matters. Accordingly, it is intended that the commission will carry out a comprehensive review of the Electoral Act 1997 to address, amongst other matters, the concerns raised by civil society. I am of the view that any review of the definition of political purposes should be comprehensive, objective and undertaken in tandem with such a wider review of the entire Electoral Act 1997.

A review of the Act in its entirety would deliver a better and more efficient outcome, having particular regard to the importance of the meaning of political purposes to all stakeholders on whom obligations arise under our political donations regime. The proposed review would be completed within a relatively short timeframe, following the commission's establishment. I take on board the press release by the ICCL. I met with it and gave assurances that the commission would be tasked with this work very early after its establishment.

Deputy Nash referred to the commission not being tasked with the running of elections. I will make two points about this matter. The first is that research and public consultations suggest that the actors, such as returning officers and polling station staff, who carry out electoral functions independently at local level enjoy a high degree of confidence among citizens. There is a strong case for this process being retained. The second point is that two models of electoral commission have emerged internationally. Some, such as the Canadian Australian and New Zealand commissions, are responsible for running elections. Others, such as that in the UK, have a more regulatory focus and stand apart from direct involvement in the running of electoral events. Our electoral commission is being set up to operate in that regulatory space. It is worth noting that the Bill provides for the commission to carry out ex post reviews on the administration of electoral events. Such independent reviews will be a new feature for our electoral process.

Deputies Ó Broin, Mitchell, Nash and Martin Browne voiced their support for the extension of postal voting arrangements. The programme for Government contains a commitment to the effect that the electoral commission will be asked to examine postal voting with a view to expanding its provision. I expect that the commission undertake this work as soon as possible following its establishment.

Deputies Mitchell and Phelan raised queries about the role of the commission in respect of the register of electors. The oversight function provided for in the Bill is intended to be a constructive and transparent engagement with registration authorities and one that will evolve as parties gain experience with the new registration process.

Deputy Phelan asked for more information on how online registration and, indeed, transition to a new system would work. The new shared database with unique identifiers will take some time to develop, although proposals are in preparation to ensure we can hit the ground running once the legislation is in place. In that regard, I am pleased to note that Dublin City Council, the lead local authority for the project, has today published a request for information to the market to ensure that the latest technological advances are considered as part of that process.

Upgrades to existing systems are under way to ensure that the benefits of this legislation, including rolling registration and online applications, will be available throughout the country following the enactment and commencement. This will be supported by a significant public communications campaign.

I welcome the positive supports from members for the provision of anonymous electors and for people with no fixed address. In respect of electors with no fixed address, section 104(a)(i) requires registration authorities, insofar as is practicable, to assist people making applications under this provision. The annual re-registration requirement is intended to ensure that people do not fall off the register but instead are proactively engaged with, on a regular basis, precisely for reasons raised by Deputy Jim O'Callaghan.

Deputy Ó Cathasaigh highlighted the importance of the commission staff having proficiency in the Irish language. I assure him that the staff of the commission will be classified as civil servants under section 16 and, as such, the 20% recruitment target set in the Official Languages (Amendment) Act 2021 will apply.

I thank the all Deputies for their valuable input into this debate. The Minister and I look forward to further consideration of the Bill's provisions on Committee Stage. We need to continuously renew our commitment to and investment in our democracy. It is our view that this Bill will go some considerable way towards strengthening our democracy into the future.

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