Pat Gallagher (Donegal South West, Fianna Fail)

The amendment seeks to set aside the provisions of the Electoral (Amendment) Act 2002 which introduced that instead of deposits non-party candidates would require their nomination forms to be assented by 15 assentors in the case of a local election, 30 for a general election and 60 for election to the European Parliament. I would like to point out that provision has been made, in terms of a European Parliament election, that assentors do not have to reside in a particular electoral constituency but can come from across the entire European constituency.

A party candidate does not require his or her nomination form to be assented to if the form is accompanied by a certificate of political affiliation. Reference was made to the constitutional aspect of this matter. The constitutionality of these provisions was tested in the High Court last year. In that regard, the High Court found the provisions do not infringe the Constitution. Senators will be aware that the European elections order was commenced last Friday and the local elections polling day order will be made this week.

Senators will also be aware that candidates standing for election to the Seanad — this provision has been in place for a long time — are required, even with affiliation to a political party, to have the support of four Members of the Oireachtas. I do not know Senators' views in terms of the abolition of that requirement in the future given Senators' view that all people should be treated equally. However, that is a debate for another day. This matter was tested in the court by Cooney, King and Stack to which the court gave the ruling I outlined earlier. In the circumstances, I am unable to accept the amendment.