James Bannon (Fine Gael)

I move amendment No. 16:

In page 7, before section 5, to insert the following new section:

"5. The Electoral Acts shall stand amended so as to give independent candidates seeking election, parity with party-affiliated candidates.".

This amendment seeks to insert a new section between lines 23 and 24 on page 7. Members will be aware that this issue has been raised at executive meetings by a non-political body, the Local Authority Members' Association, on numerous occasions. Many Independent candidates make an enormous contribution to society and their local communities. This provision forces an Independent candidate to bring before a returning officer 15 registered voters on the day he or she lodges his or her nomination. It is not enough to bring the signatures, one must bring along the registered voters in person. It should be sufficient to supply the signatures only because many people do not like to be identified. This requirement flies in the face of democracy given our system is one of open voting. We have spoken on the issue of secret ballots in terms of this Bill and the European Elections (Amendment) Act. The provision of secret ballots goes out the window when one is required to drive people to the returning officer to secure a nomination.

I have no vested interest in this matter. As everybody knows, I am a member of a political party. I do not understand the reason Independent candidates should be treated differently to members of political parties. This is direct discrimination against non-affiliated candidates. It is unfair and unjust and should be changed. In a democracy, everybody has an equal right to place their names on a ballot paper. If not dealt with, this anomaly will be tested in the courts. The Constitution states that we should and must treat all our citizens equally. I do not see Independents as being treated equally in this regard.

The purpose of my amendment is to reverse this grossly unfair and undemocratic situation and to avoid a court challenge in that regard.