Dáil debates

Wednesday, 15 November 2023

Electoral (Amendment) Bill 2023: Second Stage (Resumed)

 

2:35 pm

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

I hope I will not need it. I will try not to bore the House. Ba mhaith liom buíochas a ghabháil leis na Teachtaí go léir. The was a valuable debate yesterday and today. Before I conclude, I will take some time to respond to some of the issues raised by Deputies. More immediately, I will respond to comments made today, starting with Deputy Howlin, a politician for whom I have huge respect. The Dáil will be the poorer for his absence after the next election. He raised the issue of the division of Wexford. An Coimisiún Toghcháin was constrained somewhat by the three-, four- and five-seat constituencies. It is worth noting that while the number of three-seater constituencies would be 13 instead of nine as a result of this review, four-seaters would go from 15 instead of 17 and five-seaters 15 instead of 13. The coimisiún has successfully managed to remove seven of the existing breaches of county boundaries, has reduced two existing breaches and has three new breaches. It has done a good job given the constraints placed on it. In my constituency, a chunk of north-west Kilkenny has gone into Tipperary. For a hurling county like ours it is very difficult; I am sure it is difficult for the people of Urlingford and Freshford to deal with. The commission managed to strike a good balance, which all Deputies have acknowledged, notwithstanding the wider debate around six-seater constituencies.

As a member of a smaller party and based on the contributions by several Deputies, it is around proportionality, broader representation more reflective of our proportional representation system and the opportunity to over time elect a Chamber that is more reflective of Irish society. I am talking about diversity and more women in the Chamber. I have a copy of the draft research programme which I urge all Deputies to have a look at. The commission's intention is to consider as part of its research programme the examination of the potential for six-seater constituencies. It will not impact the next general election but thereafter it provides an opportunity for further engagement on the potential for six-seater constituencies. I would warmly welcome it.

Deputy Crowe raised the issue of the Ballyglass district electoral division and the issue of his constituency. I join him in wishing all the best to Deputy Joe Carey and Councillor Bill Chambers, who will not stand in the next local election. Deputy Martin Kenny raised the issue of the electoral register. In strand E of the draft research programme published by the commission, blue sky curiosity-driven research, there is huge potential in limitless thematic research for the commission. It shows the value of the electoral commission in that sense. It provides an opportunity to look at other jurisdictions and consider other ways of improving and strengthening our democracy, which is to be welcomed. I take on board the points made about education and awareness, which are a strong function of An Coimisiún Toghcháin, and the points raised by Deputy Fitzpatrick.

Quite a number of Deputies raised points in respect of election posters. I stand here proudly as a Member of Dáil Éireann having not used a single poster in the 2020 general election or the 2019 local elections. I would not say that is for everybody and my campaign manager sputtered out a cup of tea when he heard me announce it on local radio in 2019, but there is no doubt that that research is important. We need to give certainty to candidates, in particular ahead of the local elections. I take on board the points Deputies have made that posters are an integral part of our electoral system. They mean people get an opportunity to know there is an electoral event on. My view is that some form of restrictions, such as designated sites, might be a way forward. We have allowed the commission to carry out that research. For first-time candidates, posters are a vital part of campaigning tools.

Deputy O'Callaghan spoke in particular about the powers of the Standards in Public Office Commission, SIPO. The commission has included a review of the Electoral Act 1997 in its draft research programme, which is important. In my view, the review is an ideal opportunity to consider the powers and functions of SIPO under the Act.

There have been discussions on a cap on the number of Deputies, whether that be at the upper or lower end of the additional number of Dáil seats after the next general election. The commission can look into such matters. Points were raised yesterday about stable constituency boundaries and the size of the Parliament being fixed over time in order to provide certainty. These are important points. I agree with the contention that three seat constituencies are too small and not fully representative. The commission will carry out a review following the next general election and look at how we can improve things. That research element will examine how to improve and strengthen the system.

Yesterday, a number of Deputies raised the issue of local democracy, our local democratic structures and the weakening and undermining of local democracy and government, and said that has a knock-on effect on Dáil elections. It is an important point and it is important that future research programmes examine how we can strengthen our local democratic structures. Deputies referred to the undermining of councillors' powers. Councillors still have quite considerable powers, functions and roles, and it is important to exercise them. Accountability and transparency in local government is vitally important, in particular in light of the EPA report produced yesterday which shed a very negative light on some local authorities in terms of their environmental performance and duties around environmental regulation, compliance and inspection. It makes for very poor reading.

A number of Deputies had very positive responses to the reforms of the electoral register and the preregistration of 16- and 17-year-olds. That is important. This morning, I met Women for Election to discuss issues around the greater participation of women and minorities in politics. That is a vital strand in establishing the commission and the role it has to play in ensuring that we can get a broader representation of women and minorities in our Dáil, Seanad and council chambers. That is something all of us in the House would agree on.

I hope we all get another opportunity to wish Senator David Norris all the very best as he bows out of politics in January.

That is a good synopsis of the main points raised. There seem to be a lot of commonality on the points raised by Deputies. They related predominantly to specific issues in their constituencies. I am taking on board all of the points raised.

I thank Deputies who made contributions on Second Stage. Based on the contributions I have heard, I think there is a general appreciation of the need to respect the independence of the newly established Electoral Commission, An Coimisiún Toghcháin, and to accept the recommendations of the commission report without change. I am proud to be the Minister of State responsible for bringing forward the legislation to set up the Electoral Commission for Ireland through the Houses of the Oireachtas.

This Bill, when enacted, will bring Dáil constituencies into line with population change as ascertained in census 2022 and ensure that the requirements as set out in Article 16.2 of the Constitution have been met by the Oireachtas in full. As Deputies are aware and as the Minister, Deputy O'Brien, mentioned in his contribution, the constitutional requirement is for the total number of Members of Dáil Eireann to be no less than one Member for each 30,000 of the population, and no more than one Member for each 20,000 of the population. The Constitution also requires that there is the same ratio of representation in constituencies throughout the country insofar as this is practical.

Members may be aware that An Coimisiún Toghcháin published its draft research programme last week. In it, the commission sets out its intention to carry out research into the issue of representation and the manner in which the overall number of Deputies is determined in the context of a rising population and the current constitutional and legal provisions in this area. I look forward to the outcome of this work.

While some could argue that it might have been possible for the commission to suggest alternative solutions to those recommended in its report, nevertheless the process is independent in its application, takes cognisance of the views of interested parties via a consultative process and, ultimately, is designed to ensure that Dáil constituencies fully comply with the requirements of the Constitution.

I refer to the introduction of the report by Ms Justice Marie Baker, the chairperson of the commission. The commission had regard to present and not future factors. Some Deputies said yesterday that we should future proof the recommendations. That is why we came down on the side of the recommendation of having 174 Deputies. It was prudent that the commission took that approach.

I appreciate that some of the commission's recommendations may give rise to concerns for a number of Deputies who may be directly affected by the changes proposed. I appreciate the points raised by Deputy Fitzpatrick. However, there will always be swings and roundabouts following a constituency revision. All we can do is to ensure that the best arrangements, insofar as is practicable, will have regard to the legal imperatives of the Constitution and the statutory requirements prescribed in our Electoral Acts.

I thank the chair and the members of An Coimisiún Toghcháin for completing what was, I am sure, a difficult first task for them. It was the first task we assigned to them, and they took to that task with great determination and have done an excellent job. I again urge all Deputies to look at the draft research programme and for the public to engage with it. It provides hugely exciting opportunities for our democracy in this country in terms of participation and engagement. I am proud that we have a robust democracy in this country. The commission will add to the robustness of that and continue to strengthen it into the future.

I look forward to further consideration on Committee Stage of the specific provisions of the Bill.

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