Kieran O'Donnell (Limerick City, Fine Gael)

I thank the Deputies for raising these important issues. As the Minister, Deputy Browne, stated, I confirm the Government is not proposing to oppose this motion. As we can all agree, the Office of the President is a key part of our democratic institutions and it is important that our Head of State is representative of all Irish citizens, irrespective of where they may reside.

I reiterate that to extend voting rights at presidential elections to Irish citizens in Northern Ireland, or more generally to other jurisdictions, would require the holding of a referendum to amend the Constitution. On this matter, Sinn Féin tabled a motion for debate in the Dáil during Private Members' time on Tuesday, 24 June 2025, which called on Dáil Éireann to:

- implement the recommendations of the Fifth Report of the Convention on the Constitution, and to extend voting rights in Presidential elections to all Irish citizens on the island of Ireland; and

- progress proposals that would extend the right to vote in Presidential elections to the diaspora.

The Government did not oppose the motion and it was noted during the debate that the Government continued to reflect on this matter. On Tuesday, 17 June, Aontú introduced the Forty-first Amendment of the Constitution (Voting Rights in Presidential Elections) Bill 2025, which seeks to extend voting rights in presidential elections to all citizens on the island of Ireland.

The Government, like previous governments, is supportive of the work previously undertaken by the Convention on the Constitution on the matter of extending voting rights in presidential elections. However, there are a number of factors that need to be considered and addressed prior to the holding of a referendum. An amendment to our Constitution is clearly required but, from a practical perspective, a system would need to be put in place to allow for the registration of electors from Northern Ireland. Another issue is how such electors would vote, for example, if it would be postal or otherwise. I note that An Coimisiún Toghcháin, as part of its research programme, is examining the issue of extending postal voting in our elections. Separately, a reserve constituency will need to be provided to facilitate the return and count of the ballot papers from citizens exercising their right to vote.

On freedom of information, section 42(h) of the Freedom of Information Act 2014 provides that the Act does not apply to a record relating to the President. Policy responsibility for the freedom of information framework rests with the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. The Office of the President is already subject to a separate and discrete Vote of its own, which covers all that office’s expenditure, in agreement with the Oireachtas. In addition, that Vote is subject to audit by the Comptroller and Auditor General and its expenditure is subject to examination by the public accounts committee. While amendments to the Freedom of Information Act are more appropriate to the relevant Minister, as I already indicated, I note that, as the Minister, Deputy Browne, already stated, the perceived gains of subjecting the Office of the President to freedom of information do not appear to outweigh the potential risk of disturbing the independence or the apolitical nature of the Presidency.

In respect of the annual report, I also understand that the annual accounting and financial reporting arrangements for the Office of the President are managed in the same way as the expenditure arrangements for other public service Votes. Again, the question arises as to whether there is any particular added value in the preparation and publication of an annual report by the Office of the President in respect of financial accounting and reporting over and above the scrutiny provided by the Oireachtas and in the audit reports from the Comptroller and Auditor General.

In respect of the candidate nomination process, Article 12.4.2° of the Constitution explicitly provides that:

Every candidate for election, not a former or retiring President, must be nominated either by

i. not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas, or

ii. by the Councils of not less than four administrative Counties (including County Boroughs) as defined by law.

To alter the candidate nomination process for the presidential election would require an amendment to the Constitution. As the Minister outlined, if such a referendum were successful, it would be necessary for the Minister responsible for electoral legislation to bring forward appropriate amendments to the Presidential Elections Act 1993, as amended, to give practical effect to the constitutional change. On this matter, it is worth noting that we now have an independent statutory electoral commission, An Coimisiún Toghcháin, Ireland’s independent Electoral Commission. Its advisory and public information functions enable it to carry out research on electoral policy and procedure. Furthermore, an coimisiún is also empowered to advise and make recommendations to the Minister and Government in respect of any proposals for legislative change or any policy matters concerning electoral legislation and proposals.

I confirm the Minister's position, as stated, that the Government does not propose to oppose this motion or the amendment. Again, I thank the Deputies for their contributions to this debate and look forward to continued engagement on these important matters.

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