Seanad debates

Wednesday, 29 June 2005

Electoral (Amendment) Bill 2005: Second Stage.

 

11:00 am

John Minihan (Progressive Democrats)

I welcome the Minister of State to the House. The setting of electoral boundaries and seat numbers has in the past been a process that has led to some of the most extraordinary political machinations in many countries. The names Elbridge Gerry and Ireland's own James Tully have become forever associated with the more intriguing side of boundary setting. Some would claim that politics has now been so removed from the process of setting seat numbers and constituency boundaries as to make discussion of it almost obsolete, and that the process is now a mechanical, mathematical and statistical one. To an extent, they have a point. Article 16 of the Constitution dictates that the ratio of seats for each constituency be consistent nationwide based on the preceding census. It states that the Oireachtas shall revise the constituencies at least once in every 12 years, with due regard to changes in distribution of the population, and the total number of Members of Dáil Éireann shall not be fixed at less than one Member for each 30,000 of the population, or at more than one Member for each 20,000 of the population.

Since 1977 we have had a constituency commission to independently assess and set out boundaries and seat allocations. The point made is that, given the constitutional provisions, the employment of the most recent census data and the establishment of an independent commission, politics has been removed totally from the issue of constituency make-up. That view goes too far. There is still some politics in this debate, and the reason for that is simple. There is, and always will be, a difference between the statistical and political, on one hand, and the reality on the ground.

To take my own part of Cork city as an example, is Cork University Hospital on the north side of the city, in the eyes of politicians? Are Nemo Rangers north side or south side Cork county champions? On what side of the city does Father Matthew's statue reside? Where is UCC located? From a political perspective all are located on the north side but from the perspective of Cork people the opposite is true.

We have had many north side lobbies for hospitals, universities and football teams. Sadly they are all on the south side. We have an independent commission, which I welcome, and it bases its recommendations on census data but constituency borders must reflect the affinities that exist in communities. In the case of Cork, I would refer the House to the terms of reference of the Constituency Commission, which states "there shall be regard to geographical considerations including significant physical features and the extent of and the density of population in each constituency".

I am not breaking news to the House when I say that the River Lee is a physical feature of great significance to Cork people, and has been so for many generations. Cork people, despite their modest and retiring nature, have even been known to mention it in song on occasion. The River Lee is a natural boundary for Cork people and I want to specifically welcome the reinstating through this Bill of the river as the natural and correct constituency boundary between Cork North-Central and Cork South-Central. When the legislation before us is enacted, nearly 26,000 citizens will be correctly redesignated as south side residents and voters. For future reference I suggest that should adjustment to boundaries be deemed necessary on the basis of population shifts in the future, the extremities of the constituency, rather than the areas around the natural boundary, should be altered. I would hope that where a similar situation exists in other areas of the country this type of approach would also be followed.

When I was elected to Cork City Council in 1999, my ward area straddled two Dáil constituencies. This type of geographical break-up leads to problems on the ground for both the electorate and candidates at later elections, and these problems are not of their making. If one is changing Dáil constituencies, if necessary, changes should also be made to local authority areas to ensure they are consistent with Dáil constituencies. In my case the boundary ran down the middle of my ward, within 20 yards of my home. Was I representing Cork North-Central or Cork South-Central? This matter must be considered in more detail when revising boundaries.

In accordance with section 5 of the 1997 Electoral Act, the Constituency Commission was set up in July 2003, chaired by Mr. Justice Lavan. A debt of gratitude is owed to him and his excellent team. I referred at the outset to Elbridge Gerry and James Tully and it is imperative the public have total confidence in the system that leads to changes in constituency configuration. Where there exists a possibility of political gain from adjustment, suspicion also exists. I am satisfied that the necessary procedures are in place to ensure all suspicion can be ruled out. This does not mean that this Bill is without contention. The Bill proposes changes in 23 constituencies, leaves 15 unchanged, creates five new constituencies, and replaces four existing constituencies.

My earlier point illustrated that any change will make for debate at the least and possibly bald anger among the electorate and, in some cases, elected representatives. The issue of representation is at the heart of this matter. We operate a system of representative democracy in this State, where we ask citizens to select people to give voice to their views in the Houses of the Oireachtas. That link between citizen and representative is central to how Irish politics works, and has shaped our political culture. Our system encourages the strongest link between the representative, the citizens and the locality, sometimes to the detriment of the wider political process. We must not underestimate the strength of county loyalty in this country. As a Corkman, a phrase involving the words "snowballs" and "hell" would spring to mind if I were to consider standing for election in Kerry.

Section 6 of the 1997 Act provides that the breaching of county boundaries shall be avoided as far as practicable. However, the Bill before us provides for a new constituency configuration in the north Connacht-north Leinster area. It creates new three-seaters, Sligo-North Leitrim and Roscommon-South Leitrim, and a new four-seater, Longford-Westmeath. While this brings to an end the breach of a provincial boundary in the current configuration, it means breaching the boundary of County Leitrim. I do not underestimate the concern this creates for citizens of Leitrim.

I state my belief that the political process as a whole would be better served if we could move away from the intense localisation of politics. While this is a separate issue from the one facing the citizens of Leitrim, the availability of national legislators to deal with very local concerns can have negative repercussions for the wider process.

Weekend media reports suggest there could be a constitutional challenge to proposed constituency boundaries after next April's census results. The Minister covered this in his address. If amendments are necessary to this Bill or the Electoral Act 1997 to deal with this possibility, I would like to see the issue addressed quickly, effectively and efficiently.

Another issue raised recently is the accuracy of the electoral register. Given that many important decisions are to be taken on the basis of figures such as census data, it is unacceptable that something as important as the register of electors would be so out of sync with reality. I would like serious and committed action by local authorities to rectify this inaccuracy.

I endorse the comments made by Senator McDowell on this matter. There is healthy loyalty both within and to Irish counties — just consider the Cork norrie versus the southsider, or the people of Leitrim. Although the combination of Bunreacht na hÉireann, the Electoral Act, census data and the independent Constituency Commission have successfully removed suspicion of political shenanigans from the issue of constituency configuration, they have not, and probably never will, remove politics from the designation of territory. It is part of the essence of Cork people, Leitrim people and Irish people. I welcome this Bill in the House today.

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