Michael Kitt (Galway East, Fianna Fail)

I thank Senators on all sides of the House for their contributions to the debate which was interesting. Because I was only here for part of it I cannot comment on all that was said, but I was very interested in what I heard. In the time available I will respond to some of the issues raised; matters can be examined in more detail on Committee Stage.

Most Senators acknowledged the integrity and independence of the Constituency Commission, to which I express my thanks for its work. Some Senators had difficulties with specific recommendations made by it. I understand these concerns, including those expressed about County Leitrim by Senator Ellis and others. However, we must bear in mind that constituency formulation is not a perfect science. People do not always live in areas that enable constituencies to be drawn in a way that meets with general approval. The overriding constitutional requirement of equality of representation means that breaches of obvious boundaries are unavoidable in certain cases. In looking at the commission's report and recommendations the Minister is in the same position as every other Member of the House in that he has no information on process or substance other than that set out in its report. In constituency revision somebody's interests must inevitably be affected. That is the price we must pay for our democratic system. We are all agreed that the job should be entrusted to a commission. The commission has done the job in the way that seemed best to it. The House should therefore accept its report as framed in the Bill.

The debate shows the strong attachment to county boundaries. While such attachment is understandable, the terms of reference of the commission are subordinate to the relevant constitutional provisions which do not refer to counties. In the High Court judgment of Mr. Justice Budd in the O'Donovan case it was stated on page 146:

. . . although a system in the main based on counties has in fact been adopted, there is nothing in the Constitution about constituencies being based on counties. The Constitution does not say that in forming the constituencies according to the required ratio, that shall be done so far as is practicable having regard to county boundaries.

There is, therefore, no absolute prohibition on the breaching of county boundaries. The experience has been that at times the constitutional provisions require such action, difficult though it may be. The 2007 commission report is no different in this regard.

Some contributors to the debate, including Senators Buttimer and Hannigan, referred to the procedures to be followed by the commission in carrying out its work. As the Minister said in his opening statement, the Bill provides for updated and improved consultation arrangements, including a minimum of three months for the making of submissions to the commission. These are important new measures that will be implemented, while retaining the essential framework that has allowed the commission to operate effectively for many years. I urge people to engage to the maximum extent possible in the process at the appropriate time rather than waiting until after the commission has reported to express their views.

A number of Senators, including Senators Boyle and Bacik, commented on the proposals in the Bill regarding nominations. Regulating access to the electoral process is a common feature of most parliamentary democracies and widely seen as necessary to discourage an overly large number from contesting an election. The proposals made in the Bill strike the right balance, providing for a reasonable test of the bona fides of a prospective candidate, while not setting the conditions so high as to unduly restrict people from seeking election. Candidates who are not in possession of a certificate of political affiliation will now be able to choose which option best suits their circumstances, either collecting a limited number of assents which requires the completion of statutory declarations by assentors in the constituency or lodging a reasonable deposit with the returning officer before the deadline for receiving nominations. This represents a significant improvement on the previous arrangements and, I am satisfied, fully meets the relevant constitutional requirements.

Senators Walsh, Burke, Bradford and others referred to spending limits at the upcoming local elections. The Minister intends to bring forward in the near future a Bill with proposals for legislative change to allow for the introduction of spending limits at these elections. The programme for Government contains a commitment to examine spending limits at local elections as part of the Green Paper on local government. Submissions made in the course of preparing the Green Paper, published in April 2008, were generally supportive of some expenditure limit. Last October the Minister consulted the Joint Committee on the Environment, Heritage and Local Government on the issue. Following on from this and after consideration in the Department and by Government, the Minister hopes to be in a position to announce details of the limits shortly.

Senators Burke, Bacik and Hannigan referred to the need for the establishment of an electoral commission. The House will be aware that the programme for Government contains a commitment to establish an independent electoral commission which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, revise constituency boundaries, take charge of compiling a new national rolling electoral register, take over the functions of the Standards in Public Office Commission relating to election spending, and examine the issue of financing the political system. The establishment of an electoral commission will be a major piece of work, with issues arising for consideration, including international best practice, the commission's structure and function, to whom it reports, its relationship with other bodies currently involved, and the approach to be followed with regard to the extensive legislation that will be required. The Department appointed consultants to research the issues arising in the establishment of the commission and make recommendations on the way forward. The consultants' report was received before Christmas and is being examined. This is an important input to future Government decisions in the area.

Senators Coffey, Cassidy, Burke and Hannigan referred to the register of electors. In law, the preparation of the register is a matter for each local registration authority. It is its duty to ensure, as far as possible and with the co-operation of the public, the accuracy and comprehensiveness of the register. In working to compile the register for 2007-08 local authorities undertook and completed, with assistance from my Department, the most extensive registration campaign in decades. On the basis of the work undertaken, I am satisfied that local authorities achieved a significant improvement in the accuracy and comprehensiveness of the register compared to previous years. The task for local authorities with regard to the register for 2009-10 was to maintain and build on the progress made in previous years. Authorities were required to publish the final register for 2009-10 by 1 February 2009 and it is now available for checking. Individuals not on the register can avail of the supplemental register up to 15 days before the next polling day. The recent report of the Joint Committee on the Environment, Heritage and Local Government on the future of the electoral register in Ireland and related matters is very welcome. It is consistent with the commitment in the programme for Government to establish an electoral commission with responsibilities to include compiling a new national rolling electoral register, which I have already mentioned.

I was interested in the points raised by the Senators. Senator Daly referred to the breach of county boundaries, Senator Ó Domhnaill spoke about spending limits as well as the breach of county boundaries, Senator Wilson set out the terms of reference while Senator Leyden talked about the changes, with which I am familiar, relating to Galway, Roscommon and Mayo. As a representative from the west, I have always appreciated the support of the other representatives from Galway and Mayo for the projects we are working on, particularly the western rail corridor which travels through many counties on the western seaboard.

To conclude, the Government's view is that the Constituency Commission's recommendations are a package which must be accepted or rejected in its entirety. The Government has decided to follow the established practice of implementing in full the recommendations of the independent commission. That is the best way forward. I thank the Senators again for their contributions to this debate.