Seanad debates

Wednesday, 31 March 2010

1:00 am

Photo of Áine BradyÁine Brady (Kildare North, Fianna Fail)

): I am taking this Adjournment matter on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, and thank Senator O'Malley for raising this important issue. I understand there was a good debate on the establishment of an independent electoral commission in the House two years ago. Since then, to assist in consideration of the issues involved, the Minister commissioned a report by an expert group from UCD. He published that preliminary study for comment just 12 months ago. The response to the consultation was somewhat disappointing. While the formal closing date for written submissions has passed, the Minister still welcomes and will consider any views and observations that are put forward.

The key findings of the UCD report are that the proposed electoral commission should be responsible for maintaining the register of political parties and for the electoral register. The report also recommends that the functions carried out at present by the Constituency Commission for Dáil and European elections be transferred to the electoral commission. The study notes that current Irish arrangements for the administration of nominations, polling schemes, the polling process and the counting of votes have several distinct advantages. It recommends that the devolved character of the process is the key to its success and should not be tampered with. One could therefore, even with the establishment of an electoral commission, still be in a position in which electoral administration was the responsibility of a number of bodies. The report recommends that, pending the outcome of a review of the law relating to the regulation of party and election funding, a single body should combine the functions currently performed by the Standards in Public Office Commission and by the registrar of political parties. The report notes that the electoral commission would be independent in the performance of its functions but that any such provision should not preclude an appropriate degree of accountability on the part of the electoral commission to the Minister for the Environment, Heritage and Local Government and to the Oireachtas.

The report considers that the following ex officio membership would be most appropriate for an electoral commission, namely, a chairperson who shall be a judge or a former judge of the Supreme or High Courts and as ordinary members, the Comptroller and Auditor General, the Ombudsman, the Clerk of Dáil Éireann and the Clerk of Seanad Éireann. The establishment of an independent electoral commission is not an insignificant move. The UCD study recommends that an electoral commission should be established through the enactment of an electoral commission Act. Such an Act would amend and consolidate the law in this area, bringing together in one Act the law relating to referendums and elections. This will be a major task. The renewed programme for Government of October 2009 has further clarified the Government's intentions and ambitions in respect of what an electoral commission would do. I will not repeat the detail here as Members undoubtedly are all well familiar with it. When looking ahead, one must be mindful of the importance of effectiveness and value for money in delivering on structural or organisational change such as the establishment of an electoral commission. It will not simply be a matter of pulling together a few existing bodies. If an electoral commission is to achieve the objectives set out in the programme for Government, it must be adequately resourced and supported by all stakeholders. Having that support and achieving consensus for change might be the Government's biggest challenge in this work. In the meantime I remind the House that the Minister is advancing reform on a number of fronts. This includes the introduction in 2009 of a spending and donations regime for local elections, a decision by the Government to cease once and for all the electronic voting project, as well as the publication of legislation for the election of a mayor for Dublin, which is a most significant reform initiative.

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