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

I appreciate the issue being raised by Deputy Howlin. Specifically on amendment No. 31, the proposed section 161 provides that the electoral commission may publish codes of conduct in respect of online electoral information or online electoral process information. Section 161(7) provides that where a person to whom a mandatory code is addressed has failed to comply with the code, the commission may apply to the High Court for an order directing the person to comply with the code. The word "mandatory" is in square brackets in the text. I am satisfied that the text is referring to a mandatory code. Clearly, the commission could not apply to the court seeking compliance with an optional or non-mandatory code. That simply would not be possible or make sense. I am satisfied that the meaning is clear but I am happy to clarify the issue with the Office of the Parliamentary Counsel and the Bills Office in the final proofing of the Bill.

I think there is cross-party support for the intention of the Bill. It is time-bound in the context of the review of Dáil constituencies and the other important work the commission has to get on with once it is established. If it is deemed or advised that amendment is required, we could bring that forward at a later date. The section in question will not be required until an election period. The next scheduled electoral period is 2024. With the support of the Deputy and the guidance of the Ceann Comhairle, I would like to proceed with the amendments.

See this speech in context