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

I thank Deputy Bacik for raising this matter. Amendment No. 2 proposes to amend section 3(2) by substituting "An Coimisiún Toghcháin" for "the Minister for Housing, Local Government and Heritage". Section 3(2) is a standard provision that has been inserted into the constituency revisions Acts dating back to 1923. It provides a means of resolving disputes over which constituencies containing particular townlands or electoral divisions. The proposed legislation is framed in such a way as to preclude any such doubt but, because neighbouring towns or electoral divisions can have identical or similar names, the possibility of confusion cannot be ruled out.

While the Minister has not had to exercise his or her function under analogous sections in previous enactments within living memory, it is nonetheless desirable to retain the proposed provision in case a genuine doubt arises. Ultimately, this provides for the removal of any doubt that may arise as to whether an electoral division or townland, or any part or parts thereof, is included in a particular constituency. It is not intended to provide for amending any of the constituencies, as set out the Schedule to the Bill. The practical effect of the proposed amendment would be to provide that An Coimisiún Toghcháin, rather than the Minister, would be the adjudicator if any such arises.

While I accept that the amendment is well-intentioned and acknowledge that the establishment of permanent and independent Electoral Commission with statutory responsibility for constituency review does change the field in this manner, I would nonetheless make the case that there is still a merit in this function remaining with the Minister for a number of reasons. First, the Minister is responsible for the development of policy and legislation in connection with the holding of elections and is the sponsor of the Bill. The retention of this function is consistent with the Minister's responsibilities on elections and electoral law more generally. An Coimisiún Toghcháin makes recommendations in respect of constituency boundaries. After that, it is a matter for the Minister to bring forward legislative proposals for the consideration of the Oireachtas, just as we are now doing with this Bill.

Second, while An Coimisiún Toghcháin may be well-placed to clarify any doubts relating to the description of constituencies, as set out in the Schedule to the Bill on the grounds that it mirrors the recommendations set out in the constituency review report of 2023, matters relating to the precise boundary of an electoral division or a townland may more accurately fall within the remit of the national mapping division of Tailte Éireann.

Third, I believe that in the unlikely event that doubt may arise as to whether electoral division or townland or part or parts thereof is included a particular constituency, the Minister in situwill consult with all relevant bodies, including An Coimisiún Toghcháin and Tailte Éireann in advance of making a determination in this matter. For these reasons, I cannot support amendment No. 2.

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