Fiach MacConghail (Independent) | Oireachtas source

Cuirim fáilte roimh an Aire go dtí an Seanad. I support this common-sense Bill. It is a perfect example of the Government being practical and reasonably swift in dealing with a historical anomaly and out-of-date prohibition on citizens standing for election in European and general elections. It also proposes to remove the clause to allow Members who might become bankrupt from losing their position. Article 16 of the Constitution defines eligibility for Dáil membership. Article 18 makes eligibility for membership of the Seanad the same as that for the Dáil. Article 16 allows the Oireachtas to prescribe that certain categories of persons will be ineligible for membership of the Dáil in accordance with the fundamental norms of the legal order as set out by the Constitution. On that basis, section 41 of the 1992 Electoral Act sets out that certain categories of people who are ineligible for candidacies or membership of the Dáil. Section 41(k) states “a person who is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State” shall not be eligible to run in a Dáil or European Parliament election. Section 42(3) sets out the procedure for disqualifying an elected Member from the Dáil if he or she is declared bankrupt. This Bill proposes to repeal both sections.

We have Ms Jillian Godsil to thank for this amending legislation. Her High Court case against the Attorney General is due to be heard in July. She is arguing, quite rightly, that the exclusion of bankrupts from standing for election breaches the constitutional principle of equality, as well as interfering with her right to a free choice as a voter on her own behalf and on behalf of the electors in the constituency in which she wants to run. It also constitutes discrimination on the grounds of social and economic status. Ms Godsil was declared bankrupt in February this year. Under current law she cannot stand for election to the European Parliament in May. Ironically, she could stand in the local elections because the disqualification of an undischarged bankruptcy was removed by the Local Elections (Petitions and Disqualifications) Act 1974.

Without going into Oireachtas Members' private financial circumstances, the Bill also means that should an existing Member of the Dáil or the Seanad be adjudicated as being bankrupt, he or she will not be disqualified as a Member of the Oireachtas. Ireland is one of only five countries in Europe, including the United Kingdom, France, Malta and Turkey, which prohibit bankrupt persons from running in parliamentary elections.

I am dismayed that there is no plan to arrange a plebiscite in the city of Dublin to deliberate on whether its residents would like to have a directly elected mayor. It would show great leadership and be an example of swift political reform were the Minister to offer an opportunity for the electorate in the Dublin metropolitan area to have their democratic say in how their city should be administered. There is a democratic deficit in the capital city which hinders its full economic, social and cultural development. I look forward to the Minister's response and will raise the issue in more detail on Committee Stage. While some of our amendments may be ruled out of order, I will challenge this and look forward to the Minister's response on Committee Stage.