Dáil debates

Thursday, 27 November 2008

3:00 pm

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 3: To ask the Minister for the Environment, Heritage and Local Government his plans to amend electoral legislation; and if he will make a statement on the matter. [43223/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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The rules and procedures concerning elections are a key component of our democratic system of government and the electoral law is an important part of the responsibilities of my Department. As a measure of the legislative activity this involves, the House may wish to note that five Electoral Bills have been brought before this House by my Department and enacted in the past four years.

The Electoral (Amendment) Bill 2008 has completed Committee Stage and I am considering issues arising from that prior to the taking of the Remaining Stages in the House. The Bill implements the recommendations in the report of the Constituency Commission published in October 2007. It amends the law relating to the constituency revision process and it provides for alternative procedures for the nomination of non-party candidates at European and local elections. I look forward to the early enactment of the Bill in view of the important issues it addresses.

I intend to bring forward proposals in the near future for legislative change to allow for the introduction of spending limits at local elections. It is my intention to have the limits in place for the local elections to be held in 2009. The programme for Government contains a commitment to examine spending limits at local elections as part of the Green Paper on local government. Submissions made in the course of preparing the Green Paper, published in April 2008, were generally supportive of some kind of expenditure limit.

On 8 January 2008, I announced that I had established two committees to review local electoral areas. When publishing the reports on 17 June 2008, I announced that, consistent with long-established practice, I was accepting the recommendations contained in them. I am in the process of making the necessary statutory instruments to give effect to the recommendations. I have made 26 of the required 37 orders and the remainder will be finalised as soon as possible. The local electoral areas established by these orders will apply at the 2009 local elections.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Does the Minister intend to amend electoral legislation to allow civil servants to join political parties? The sinister development by the Green Party to target civil servants by inviting them to join its so-called supporters list is totally unacceptable. If Opposition parties tried to recruit civil servants, the Green Party would be first to cry foul. Does the Minister consider his party's attempt to recruit civil servants breaches any electoral legislation as set out by his Department or the Standards in Public Office Act 2001?

I sense a conflict between his ministerial position and his own party targeting civil servants to make donations to the Green Party in return for Green Party literature and communications. This must be considered as nothing but political activity. This is very serious. The Minister is attempting to politicise the public service, and, in my opinion, it is crossing a very thin line.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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May I interrupt the Deputy's speech as this is Question Time?

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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I am asking questions.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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If the Deputy will take his seat I will call the Minister.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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I have a number of questions for which I want clear answers from the Minister.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Hear, hear.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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If the Minister would allow me to speak — I hope there will be time to call the Deputy again - I wish to make two points. The Minister is not responsible in the House for the Green Party and neither can the Minister be asked to interpret legislation as that will be a matter for the courts under the separation of powers. I call the Minister.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I thank the Leas-Cheann Comhairle for that clarification. The Deputy said he had a number of questions but essentially he only had one and that was whether I was going to introduce legislation to allow civil servants to participate in the political process. The answer to that question is a firm "No".

The Deputy has made a big play and he has completely misconstrued it, probably deliberately so. This is an attempt to score political points——

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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It is in the public arena.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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It is not until such time as the Deputy chooses to put it into the public arena and wilfully misinterpret something. I do not believe that civil servants — who, by the way, do such an outstanding job — should be engaged in political activity in any shape or form. It is as simple as that.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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I want to quote the application to become a Green Party supporter.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Deputy may not quote during questions.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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"Money raised through this list will go towards party development and election campaigns."

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Deputy is not allowed quote during Question Time.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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What else is a supporter other than an active party member helping towards the election of party members? This is factual information. The Minister has publicly and blatantly invited impartial civil servants to become members of a political party——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Has the Deputy a question before I move on to the next question?

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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——in everything but name.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Does the Deputy have a question?

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Of course I have a question.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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What is it?

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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I think the Minister is on a very slippery slope here. This is in the public interest. The Green Party could be putting public——

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Is the Deputy asking if I am on a slippery slope?

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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By his statements and by what he has said. The Minister would be putting public servants' jobs in danger if they were seen to be associating with political parties.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Deputy has no question.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Fionán Sheehan had an article in the Irish Independent on 11 November on this issue.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Minister, I do not know if there is a question in this. Do you wish to respond?

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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I want the Minister to clarify this matter to the House. He has not done so to date.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Thank you, Deputy Bannon. I call on the Minister.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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The Deputy's party has church gate collections etc., but I do not intend to go into its fund-raising activities over the years. Does the Deputy ask the person who is contributing——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Will the Minister not ask the Opposition questions?

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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——if they are a civil servant? The Deputy is raising matters that are ridiculous. You were right a Leas-Cheann Comhairle, I did not hear a question either.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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The Minister cannot fudge this issue.