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

I am pleased to address the Dáil on the Thirty-ninth Amendment of the Constitution (Right to Vote at 16) Bill 2021, as brought forward by Deputy Pringle. This presents an opportunity to discuss the age at which persons should be entitled to vote in elections and referendums in Ireland.

This Bill proposes to amend Article 16 of the Constitution to lower the age at which persons would be entitled to vote in Dáil Éireann elections from 18 years of age to 16 years. This amendment to reduce the voting age in Dáil elections would have a consequential effect of reducing the voting age at presidential and local elections, as well as at referendums. The right to vote at these elections is linked, under the Constitution, to the right to vote at elections to Dáil Éireann. Deputies will be aware that currently in Ireland, one must be 18 years of age or over to vote at any election or referendum. These requirements are set out in the electoral codes and are underpinned by the Constitution.

Any Bill which proposes to amend the Constitution, as does the one before us today, must be passed by both Houses of the Oireachtas. When a constitutional amendment Bill has been passed by both Houses, it must be submitted by referendum to the decision of the people on whether to amend the Constitution in this regard. Such a referendum must be held between 30 and 90 days from the making by the Minister of a polling day order.

While the Bill is relatively short, reducing the voting age for an election is an issue of fundamental importance for any modern democracy. Enhancing active civil participation has become a topical issue in many countries around the world in recent years. It can be argued that this is in response to changing populations and demographics, improvements in educational attainment, greater access to information and increased political awareness more generally.

Proposals to lower the voting age have been made to support the motivation and inclusion of young people in the political decision-making processes that affect their rights and responsibilities. In part, this is reflective of a common desire to increase citizen engagement more generally, to broaden electoral representation and to strengthen political inclusion in support of basic democratic principles. However, calls to reduce the voting age are also being proposed as a means of addressing concerns on declining voter turnout and a perception of a growing disenchantment with politics that has arisen over recent years. It is a matter for debate as to whether reducing the voting age would address those concerns.

It is for reasons such as these that Programme for Government: Our Shared Future includes a number of commitments on electoral reform, including one to examine the voting age. These are the Government's immediate goals in terms of electoral reform and right now, I am prioritising the bringing forward a number of these programme-for-Government commitments by way of the Electoral Reform Bill 2022.

The Electoral Reform Bill 2022 was published in March and is currently progressing through the Oireachtas. It completed Report Stage in the Dáil last week and Second Stage in the Seanad on Tuesday of this week. The Bill sets out a wide-ranging modernisation of our electoral structures and processes and fulfils many of the electoral reform commitments described in Programme for Government: Our Shared Future. The extensive package of reforms set out in the Bill will address some of the most significant challenges which our electoral system faces today and it will create much-needed capacity within our system to anticipate and address new challenges into the future.

The Bill contains detailed provisions in respect of eight distinct areas. First, it establishes an Irish electoral commission; an independent body which will be directly accountable to the Houses of the Oireachtas. It will be positioned at the centre of our electoral system and will take on a range of existing and new electoral functions which will address emerging opportunities and challenges as our society and electoral environment evolve. The Bill will also modernise our electoral registration process. It will make registering to vote more accessible and streamlined and enable online registration, simplified forms and a continuously-updated, or rolling register, in order that people can update their details at any time.

In addition, the Bill provides 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 response to this threat, the Bill provides for greater transparency in respect of online political advertising during election 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 around more traditional forms of advertising. The Bill includes measures to assist returning officers in running electoral events, should public health restrictions be in place due to pandemics such as we experienced with Covid-19.

It strengthens our regulatory regime in respect of political donations and accounts, including by giving the Standards in Public Office Commission new investigatory and enforcement powers. The Bill amends electoral law to provide for same-day island voting at all elections and referendums in Ireland. These amendments will ensure that polling at elections and referendums on the islands will take place on the same day as the rest of the country. Last, the Bill makes clear that political parties can run lotteries and draws as part of their fundraising activities. The Electoral Reform Bill 2022 represents a significant reform of our electoral legislation, processes and structures. It makes our system more accessible and more inclusive.

In addition to these reforms, Programme for Government: Our Shared Future, contains a number of further commitments relating to electoral reform. One such commitment, which is of relevance to this debate, is the commitment to examine the Scottish experience of reducing the voting age in order to draw conclusions. Once it is established, the electoral commission will be well placed to examine, among other matters, the prospect of reducing the age at which a person should be entitled to vote at elections and referendums held in the State, having particular regard to the experience in Scotland, as well as in other countries where a reduction in the voting age has taken place. The Private Member's Bill before us today can be considered alongside any recommendations that are made following such an examination. This approach will allow for a comprehensive consideration of the matter, which will robustly inform any proposals for change in this area.

A further issue which warrants consideration is that, as matters currently stand, there is consistency across all election and referendum codes in the State in terms of the voting age.

Currently, only persons aged 18 and over are entitled to vote in elections and referendums. This is in line with the age of majority in Ireland, which sets the age at which one becomes an adult in the eyes of the law. This Bill proposes to lower the voting age to 16 for Dáil elections, and by consequence at presidential and local elections as well as referendums. It does not, however, lower the voting age for European elections and university elections for the Seanad. Any proposal to lower the voting age would need to consider the inclusion of all elections and referendums in order to ensure consistency across the electoral code as to the voting age. It would be prudent to allow for the consideration of the voting age requirements in respect of all elections before bringing forward this Bill.

As a result of the foregoing and in particular the existing programme for Government commitment and extensive electoral reform programme that is under way, I and the Government are of the view that the Second Reading of this Bill should be deferred until the 30 June 2023. This will allow us the time to complete the current electoral reform commitments, including the establishment of the electoral commission, and, moreover, to undertake the examination of voting age in respect of the Scottish experience as set out in the programme for Government commitment. Such an examination will add considerable value to any proposals on this matter, allowing us the time to ensure consistency in our approach in terms of all electoral codes, and it will facilitate appropriate review and consultation among relevant parties.

On a personal level I agree with all the points raised by Deputy Pringle. I met representatives of the National Youth Council of Ireland and the Irish Second-Level Students Union. I welcome their representatives to the Gallery. The Deputy is correct that there has been significant animation of young people and not just through FridaysForFuture. It has always been there and young people have always been active in many spaces. We were active from a very young age and it is absolutely correct that we give due consideration to their right to vote and have a say.

Secondary to my portfolio I have set aside a specific young people and children's assembly relating to biodiversity because it is really important that young people's voices are heard in all our processes and not just in a tokenistic way. They should have a voice at the decision-making table. The debates in the Seanad Chamber were impassioned and young people made really vital contributions to the climate debate. After all, it is their future we are debating. The inclusion of the politics and society module in the leaving certificate has been really transformative for the level of debate in which young people engage at school level. I visited many schools, both virtually and in person, over the past couple of years to meet some of those students. They are doing really fantastic work.

There is so much going on but the approach we are taking is correct and measured. I have spoken about the legislative process of the electoral reform Bill and we will task the commission to do this work very early on once it is established. It is really important to me and it is important to the Government. I want to ensure the work takes place, is comprehensive and examines all other jurisdictions with experience. As the Deputy has said, it has been a largely positive experience in most jurisdictions where this measure has been introduced for certain, if not all, elections. In that regard it is important to look at the wider issues around participation in our democratic structures and system. We must consider why, particularly at local elections but also in general elections, voter turnout is still a challenge. It is a challenge across all western democracies, and this is a bigger issue that the commission will have a significant role in examining with respect to voter participation, education, awareness, the targeting of minorities and ensuring women have a more active role. That relates not just to participation in politics but aims to provide that the Dáil or council chambers right across the country can be more representative of the people living here. It is something we all want to improve.

I welcome this afternoon's debate and it is really important for us to have it. I thank Deputy Pringle for bringing forward the Bill but this is the correct approach. I give a commitment that we will task the commission to do this work early after its establishment.

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