John Gormley (Dublin South East, Green Party)

I welcome the opportunity to discuss this important issue and I thank my Green Party colleagues for tabling the motion. There is a fair degree of consensus in the House on this issue, which is welcome. I have listened with interest to the contributions of Senators. It is especially timely that the Seanad should consider this matter now and provide its input as we embark on a programme of significant change in an area of public policy which is key to the well-being of our democratic system.

The system of electoral administration in Ireland has been built up incrementally over the years in response to particular circumstances. Some elements of the system, such as the role of the county registrars and sheriffs, have their foundations in traditions going back well into the 19th century and beyond. Conversely, we also have experience of more modern reforms such as setting up and later legislating for independent commissions charged with drawing up boundaries for Dáil and European constituencies and the oversight of electoral spending and donations by the Standards in Public Office Commission. Other bodies involved in electoral administration include the Referendum Commission, local electoral area boundary committees and local authorities. We can pride ourselves on an electoral system that enjoys widespread public support and confidence. However, there is no electoral system or administration of such that cannot be improved. We are at a stage at which we must reform the system of electoral administration by establishing a full-time and independent electoral commission to take charge of all relevant electoral functions.

The programme for Government agreed between the Government parties contains a commitment, referred to in the motion before the House, to an electoral commission along these lines which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, draw up revised constituency boundaries, take charge of compiling a new rolling national electoral register, take over the functions of the Standards in Public Office Commission with regard to election spending, and examine the issue of financing the political system. A single impartial body with this mandate will achieve greater efficiency and effectiveness in electoral management. It will modernise our electoral system and bring greater professionalism and expertise to its role. Beyond that, it will enhance transparency and, ultimately, generate greater confidence in public life.

The advantages to be gained from an electoral commission are plain to see. Indeed, the idea is not a new one. The establishment of such a body was, for example, a key recommendation in the First Progress Report of the All-Party Committee on the Constitution, published in 1997. In 2006, the Commission on Electronic Voting recommended an independent commission on electronic voting, in keeping with best international practice, which would have responsibility for relevant aspects of electoral administration and oversight. In 2007, the Taskforce on Active Citizenship recommended the creation of an independent electoral commission to encourage everyone who is eligible to register and vote in elections, to support voter education programmes and to provide data, research and analysis on political engagement and awareness. Senator Coffey referred to this in his contribution, and I will return to the questions he addressed to me.

If the "why" of establishing an electoral commission is well founded, and I have no doubt it is, the "how" is perhaps more challenging. This reform project spans the entire electoral agenda and is clearly the most far-reaching and ambitious reform measure affecting electoral administration in Ireland since the foundation of the State. The establishment of an electoral commission will be a major body of work. Issues arising for consideration will include international best practice, the commission's structure and functions, to whom it reports, its relationship with other bodies in this area, and the approach to be followed with regard to the extensive legislation that will be required. Internationally, there are different models of electoral commissions, ranging from a single commissioner with a number of deputies to a board of commissioners. These will need to be examined in detail.

The scope of the planned commission relates to the duties and responsibilities of the constituency and local boundary commissions, the Standards in Public Office Commission and the Referendum Commission. It also will have responsibilities with regard to returning officers, local authorities and the Registrar of Political Parties, as well as my Department and the Department of Finance. The wider issue of voter education and awareness also will need to be considered.

In taking forward the work, consideration will need to be given to consolidating the existing electoral legislation. There are 25 separate Acts in seven codes dealing directly and solely with electoral matters. These electoral Acts are a very complex set of interrelated statutes and the functions of a new commission would probably affect all of them. There is also extensive secondary legislation as well as EU directives required to be given effect in Irish electoral law and Údarás na Gaeltachta elections, for which the Minister for Community, Rural and Gaeltacht Affairs is responsible. In considering the right approach to the extensive primary legislation required, it may be appropriate to consolidate the electoral legislation into a single body and within that, where necessary, to reassign electoral responsibilities from existing bodies to the commission.

As a first input to this work, a procurement process is under way in my Department to commission a preliminary scoping study on the issues involved in an electoral commission project. I expect to be in a position to appoint a person to undertake the study shortly. Those invited to tender have been advised that the key elements to be included are as follows: an overview of the present arrangements for electoral administration in Ireland; an examination of relevant models of electoral commissions in other countries, taking account of relevant international research; identification, assessment and ranking of options for an electoral commission, including possible structure, functions and relationships with other bodies involved in electoral policy and administration; and recommendations for approaching the modernisation and consolidation of legislation in the context of the establishment of an electoral commission and the phasing of its introduction. As I stated in the reply to a recent parliamentary question, we also need to address the matter of political funding, which was raised in the Seanad by my colleague Senator Déirdre de Búrca. I expect this work to be under way by the end of March and to be completed within an eight-week period. I refer here to the scoping document and not to the legislation required because, as Senators will appreciate, there is considerable work involved.

The establishment of an electoral commission is not a quick-fix solution. It is, however, the right one. It will require significant commitment and political co-operation to bring it to fruition. Despite the challenges, I believe there is a real need for an ambitious programme of electoral modernisation and reform centred on an independent electoral commission. I assure the House that I accept fully the need to build maximum political consensus in this area if real progress is to be achieved and I welcome the input of Senators today in this regard. I look forward to engaging with all parties and interests as we further this vital work and I am pleased we have consensus on this. I would like to address some of the issues raised. The suggestions and proposals put forward are positive and constructive, and I am open to them as we progress the work. There is a possibility for widespread consultation given the initial scoping document.

Senator Coffey raised a number of issues and if I omit any of them I hope he will come back to me. On the question of the size of constituencies, I favour larger ones. There is a good reason for this. Under the Constitution, constituencies are allowed contain up to seven seats for general elections. We have not had many seven seat constituencies because the terms of reference given to previous boundary commissions excluded the possibility. This constrained their work to a significant degree. It meant we received reports from those bodies that many deputies find unpalatable. I have received such complaints. It would be far better to have a broad range of larger constituencies because that is more in the spirit of proportional representation. Also, if we examine the size of constituencies in other countries where proportional representation operates, we see there are no three seat constituencies. We now have a preponderance of such constituencies in this country for general elections.

On the terms of reference for the local elections it is suggested that, in exceptional circumstances, three seat constituencies can be created. Otherwise, constituencies should have between four and seven seats. That is the best way forward for both local and general elections.

Senators know how this operates too, and that we now have a committee dealing with urban and rural areas. The terms of reference are basically the same. I do not see a pattern of under-representation for rural areas emerging from that process.