Seanad debates

Tuesday, 3 April 2007

Electoral (Amendment) Bill 2007: Second Stage

 

5:00 pm

Photo of Cyprian BradyCyprian Brady (Fianna Fail)

I welcome the Minister of State to the House and support the Bill. Although it has been a while coming, the State has challenged appeals on a regular basis over the years and was successful in all its points of appeal to the Supreme Court except the requirement that 30 assentors had to go to local authority offices to physically sign the nomination form.

Successive Governments have tried to deal with this issue but every Bill that passes through these Houses is subject to challenge in the courts. That is one of the democratic rights we cherish and challenges have been mounted on many occasions. Legislators have the duty to ensure the soundness and constitutionality of the legislation we pass. The Parliamentary Counsel goes to great efforts in framing legislation but we have the ultimate responsibility. Democracy is precious and democratic Parliaments throughout the world do everything they can to protect it.

The Bill is not excessive and it caters for people who wish to express their own opinions or put themselves before an electorate. We have all listened to the hurlers on the ditches, particularly at election time, but it is a great honour to run in an election, whether in a party or as an Independent.

Senator Kitt spoke about the elections in the UK. It fascinates me that 30 candidates of all hues and colours can compete in an election, including obviously frivolous candidates who are only involved in order to interfere with the democratic process. The more we protect democracy in this jurisdiction from that, the better. This legislation is balanced from that point of view. It provides people with the opportunity to either pay a small fee or obtain the signatures of 30 of their constituents or supporters on an affidavit witnessed by five categories of people, which is extremely generous, and a statutory declaration to this effect. This is normal procedure in the majority of cases.

When filling out a form for a passport one must make a declaration and it is only right if one puts oneself forward for election that one complies with existing legislation, regulations and requirements for all candidates and that those putting forward a candidate are reasonable people who can prove their identity. We saw in past elections that we had an issue with impersonation. We made huge strides towards tackling the issue and it is hoped the upcoming general election will prove it.

One sees from the detail of the Bill that it is reasonable. A charge of €500 for a person to put himself or herself forward is extremely reasonable when one considers in the 1920s the charge was £100, particularly when one takes into account inflation. Obtaining the signature of 30 people on a declaration and an affidavit to the effect they support a candidate is also reasonable. It means people do not have to travel to local authority offices and a nominator can put forward a candidate with the required forms and the supporting names can be attached. This will allow people express themselves in a democratic way and put themselves forward.

With regard to the requirement for photographic identification, the majority of people have photographic identification of some type, whether they are senior citizens or students. It is only reasonable that a person should prove who he or she is and the Bill is not excessive or does not go over the top in that regard. It would have been easy to be over-restrictive. Whether it suits the incumbent Government or the Opposition is a matter which can be discussed.

It is like the issue surrounding the day the election will be held. It will make no difference.

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