Dáil debates

Wednesday, 28 March 2012

Topical Issue Debate

Emigrant Voting Rights

3:00 pm

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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I thank the Ceann Comhairle for selecting this issue for debate. In the recent past citizens of countries such as Russia, Latvia and Egypt have been given the right to exercise their franchise in national elections while living overseas. In many cases, voting is managed by overseas diplomatic facilities and embassies. Other countries have extended the franchise on a more limited basis. Paraguay held a referendum on the issue in 2011. Another country in which the question of the franchise is being discussed is the United States, which allows citizens to cast ballots while living overseas.

Unfortunately, many Irish citizens are once again emigrating due to economic difficulties but I hope their departure is shortlived. The CSO has indicated that a large proportion of those who emigrate are likely to return when economic conditions improve.

In the context of the Government's commitment to a constitutional convention, I hope to start a conversation about whether there is a desire to grant the franchise to those who live overseas and, if so, the extent to which it would be offered. As the constitutional convention is at an early stage perhaps provision could be made to include in its membership those who emigrated since the 1950s so that their voices can be heard. Irish people living in the UK, Australia and America are anxious to keep abreast of events in Ireland and to make sure the Government is not only governing on behalf of those who are resident in the State but also creating the conditions which would allow emigrants to return.

Articles 12 and 16 of the Constitution set out the eligibility of voters in presidential and Dáil elections. My understanding is - the Minister can correct me if I am wrong - constitutionally there is no geographic impediment to this because by law the franchise is extended overseas on a very limited basis to those working in diplomatic missions and members of our Defence Forces working overseas on behalf of the United Nations. So there is a mechanism by which it could be extended. There is reason to review the matter. We recently had a presidential election, including candidates who were not necessarily able to vote for themselves as they lived outside the jurisdiction - albeit in a different part of the island. While the text of the Topical Issue I submitted was fairly broad and I know the presidency is being reviewed as part of the constitutional convention committed to in the programme for Government, this might be something the Government could take on board.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The issue of Irish citizens abroad having a vote in our elections and referendums is an interesting topic for debate. I thank the Deputy for the opportunity it gives me to set out some of the issues involved and the Government's approach.

Electoral law in Ireland provides that in order to be able to vote at elections and referendums, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. In the normal course, this means that Irish people who have left home on a permanent basis do not have a vote in Irish elections. However, postal voting is provided for certain categories of persons who are entered in the register of electors but who may find themselves abroad at the time. Typically, this would include members of the Defence Forces and Irish diplomats.

The question of voting by Irish citizens other than those resident in a constituency is not new. It has been the subject of much consideration and deliberation over the years, both here in the House and more generally. The extension of voting rights would require careful consideration of a range of complex matters of principle and practicality. These include the question of which citizens should be entitled to vote from abroad. The Irish diaspora is extensive. Consideration would need to be given to the potential impact of many thousands of voters living outside the jurisdiction on the outcome of elections and referendums. More practical concerns about the costs of implementation and the integrity and secrecy of the ballot would also need to be considered to ensure that decisions on change are fully informed.

The Government is committed to reform. The programme for Government sets out a comprehensive range of constitutional reform measures including the establishment of a constitutional convention. One of the questions to be examined by the convention is giving citizens the right to vote at Irish embassies in presidential elections. Through the convention we will be best able to address all of the complex issues that arise. The Government will consider proposals for change to electoral law in the light of any recommendation for change that might arise from this process.

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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I thank the Minister. I concur with one of the points the Minister made on logistics. The Government should consider the British model which defines a timeframe. British citizens living abroad who have registered to vote in the past 15 years may apply to vote overseas unless they were too young at the time and if so they can register at the electoral registration office where their parent was registered. For instance, in Ireland it might be possible to allow a seven or ten-year period for the person to prove he or she was on the register of electors in Kilkenny, Carlow, Limerick or wherever and after a fixed period of five years, for example, their eligibility to vote in Irish elections would be established. I would not necessarily advocate extending the franchise for every election, but the presidency would be a starting point given that the President symbolises not only the citizens of the State who live here, but more important those citizens who, unfortunately, are not lucky enough to live here at the moment and the greater diaspora. I welcome the Minister's comments and the Government's commitment to establish the constitutional convention.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I reiterate my support for the principle of what the Deputy has outlined. This matter will be considered by the constitutional convention and I encourage the Deputy to make a submission along the lines he outlined today to that convention in due course.