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

The broader issue around citizens’ rights is important in the context of recent experiences across the world and we all have plenty of examples of it. This demonstrates that many of the most pressing threats to the integrity of our democracy and electoral processes are based on harmful techniques for distorting or manipulating public expression. In that context, it is important to note that the State has obligations, under both the Constitution and the European Convention on Human Rights, to support and protect each citizen's right to become informed about their democracy in a free and unfettered manner and the right of both citizens and representatives to participate in robust political debate under a fair and equal process. In this regard, the new provisions explicitly require the electoral commission, in considering the exercise of its powers under this part, section 150, to consider and give due weight to the right to freedom of expression, the right to freedom of association, the right to participate in public affairs and the obligation of the State to defend and secure the fairness and integrity of elections and referendums. It will be essential that any actions proposed by the electoral commission under this part will pass a proportionality test which will require assessment of a number of key factors, including the nature of the conduct being targeted and the extent to which it threatens election integrity to ensure that such actions are necessary and compatible with our rights under the Constitution and the European Convention on Human Rights.

I reiterate the point on the establishment of the commission’s research and advisory functions. On that point the Deputy makes about emerging technologies and how this space is changing rapidly, that research and advisory function in the commission is critical to advising and changing how this all evolves. I had a meeting with Technology Ireland in regard to its issues around it and assurances have been given in that regard.

It is important, taking on board the points made by all the Deputies, to acknowledge our appreciation for the goodwill that was generated around the development of this Bill. A huge amount of work has gone into it and this particular issue is an important and integral part of it. It has been devised, as I said, in view of concerns raised by Deputies and Senators at pre-legislative scrutiny and it is an important aspect of the Bill. The situation is evolving for us all and we probably are into new territory in terms of how we deal with these issues in Ireland. This country can become a leader in supporting the robustness of our democratic processes. I respect Deputies' views but it is important that we get the Bill passed.

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