Seanad debates

Thursday, 19 February 2004

European Parliament Elections (Amendment) Bill 2003: Committee Stage.

 

12:00 pm

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)

I have no information about the commission's recommendations other than what was set out in the report. I am in the same position as every other Member. In preparing the Bill, the Government formed the view that the commission's recommendations constituted a package and that we would accept or reject it in its entirety. We have accepted it, as successive Governments have done since the commission was established. It would be inappropriate to cherry-pick the parts of the recommendations we like and expunge the bits we do not. A minor change to the commission's recommendations now could start a process of drift towards a situation where the recommendations of the commission would be implemented selectively. Overturning a recommendation of constituency names would mean abandoning the principle of non-interference with the recommendations of the independent commission. There would be no reason at a future revision to accept a recommendation of the commission on a more fundamental issue about which we are unhappy.

This is not a major issue but I will not set a precedent by accepting these amendments and interfering with the recommendations of the commission. This will be pertinent when the Bill on the recommendations on Dáil constituencies comes before the House later in the year and there will be a similar debate. If I accepted this amendment, the flood gates would open and we would return to the old days where the party political input into constituency revision brought the process into disrepute.

No one expects unanimity on the commission's recommendations but, nonetheless, there has been consensus until now that recommendations should be implemented warts and all. No matter how it is presented, accepting these amendments would be a fundamental change. They are minor amendments and we all like to see the provincial titles in lights, but it would be wrong to interfere, as most Members would agree. The Government will not countenance this and I will not accept the amendments.

In carrying out its functions, the commission was obliged to adhere to the terms of reference set out in the Electoral Act 1997. Those terms of reference do not refer to adhering to the geographical areas of the provinces or their names when making recommendations concerning the European elections. In 1997 the many changes that would come about may not have been foreseen. If Senators have concerns about this matter, their suggestions can be considered in the review of the Electoral Act 1997, which contains the legislative provisions on the functioning of a constituency commission, which is under way in the Department. Eventually amending legislation will come before the House but I see no problem with retaining these names. The only complaint could come from County Clare but it is part of the Western Development Commission. When the BMW acronym was invented, it was all about money for the west, which even included Offaly.

These amendments would interfere with the recommendations of the commission and I do not want to go down that road. There will be other opportunities to address this issue. In 2009, Irish representation in Europe will be reduced from 13 seats to 12 and, while we will lose a seat, we all support the accession of Bulgaria and Romania to the EU, providing they can meet the economic and democratic criteria set down by the European institutions. If the commission's recommendations have created difficulties with names now, it could be even more difficult in the future. There could single constituencies, six two seat constituencies or two six seat constituencies.

I appreciate the intentions of the amendments but I ask the Senators to consider the views I have expressed and my fear of interfering with the commission. Since its establishment we have accepted all of its recommendations. The review of the 1997 Act which is being worked on in the Department will come before the Oireachtas in due course and present an opportunity for further consideration.

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