Fiach MacConghail (Independent) | Oireachtas source

Our group decided to put this before the Seanad to debate today because we are concerned about whether this is part of the Government’s agenda or whether there is any sense of its moving to legislation.

Establishing an independent electoral commission will advance and enhance our democratic process, particularly as we look to the several upcoming elections and referenda due to take place over the next 18 months. We need to make sure our electoral system is robust and fit for purpose and begin to develop trust in our political system. Speaking after the Cabinet reshuffle, the Tánaiste, Deputy Joan Burton, stated: “Next year we will bring forward legislation to establish an electoral commission to ensure best practice and probity in our election processes.” As we move towards the final days of this political year, we need assurances that this area of political reform will not slip away from us.

The establishment of an electoral commission has been in the programme for Government since 2011. It states: “Government is too centralised and unaccountable. We believe that there must also be a real shift in power from the State to the citizen.” It also states that it will “establish an Electoral Commission to subsume the functions of existing bodies and the Department of the Environment”. The Minister’s predecessor did absolutely nothing about this. I congratulate the new Minister on his recent appointment as this is the first time we have met formally in the Seanad. The electoral commission cannot be pushed aside for a later time or deemed to be of less value than it is, however. Failures of the political system over the past decade were a key contributor to the financial crisis this country is recovering from. We need the political reform we were promised over three years ago.

The Department of the Environment, Heritage and Local Government commissioned a study on the establishment of an electoral commission in Ireland in 2008. The report took as its starting point the commitment in the programme for Government to establish an electoral commission and envisaged five core tasks it should be responsible for: take responsibility for electoral administration and oversight; implement modern and efficient electoral practices; revise constituency boundaries; compile a new national rolling electoral register; and take over the functions of the Standards in Public Office Commission.

My colleague, Senator van Turnhout, who will second this motion, will talk about voter registration and encouraging young people to vote earlier in their lives.
The 2008 study recommended:

That an Electoral Commission should be established through the enactment of an Electoral Commission Act. This Act would establish an Electoral Commission, with its own corporate legal personality, a Chief Electoral Officer who would be civil servants of the State and a budget.

This piece of work still stands as the core research or blueprint for establishing an electoral commission in Ireland. Therefore, I do not think we need any more research, commissions or studies. The Minister and his Department have the information to hand. I want him to tell me how he intends to establish an electoral commission. We have the knowledge and the tools to move on this matter. We have done our homework and the issue has been left on a shelf in his Department since 2008.
There are many benefits if Ireland established an electoral commission. As the body charged with managing the electoral process, it would play a proactive role in encouraging voters by providing education and driving up voter turnout. It would produce timely and clear announcements and literature to make sure that there is no confusion, particularly with regard to the wording of ballot papers. When this House was on the chopping block many complaints were made about the complex and awkward wording used on the ballot paper. Senators will remember that we were asked to vote "Yes" for the Seanad but "No" in the referendum. An electoral commission would ensure that wording would not be a problem going forward.
An electoral commission would be charged with modernising the electoral process. It would manage voter registration. It would devise strategies and practice to make our elections and referenda as efficient as they could and should be. It would bring the work currently split between county councils to one place and provide one point of contact and central administration. We cannot wait for a commission any longer. We need a more modern and cohesive electoral system with a body at the helm that we can trust.Importantly, an electoral commission would be independent of Government. I do not think that the Minister of the day should be in charge of elections. It is an extraordinary undemocratic paradox.
In the 2008 study I referenced earlier, it was suggested that an Irish electoral commission would have the power to conduct or commission research, and would play a strong role in monitoring the behaviour of political parties. It would make particular note of party funding practices because it would have the power to cancel the registration of a political party if it determined that the parties, through its officers or anyone authorised to act on its behalf, committed serious or repeated breaches of the obligations imposed by electoral law. Accountability in democracy is key and, therefore, we need an electoral commission established as soon as possible.
We can look at several examples of international best practice for electoral commissions. As the Minister will know, the United Kingdom's electoral commission describes itself as working to support a healthy democracy where elections and referenda are based on the principle of trust, participation and no undue influence. Its objectives are well run elections, referenda and electoral registrations along with transparency in party and election finances with a high level of compliance. It hones in on how the referendum questioning is worded and run public awareness campaigns in the run up to elections and referendum to make sure that people know when the polls are taking place and by what date and when people need to register in order to be able to vote.
Senator van Turnhout and I sat in here and went toe to toe with the Minister's predecessor during a debate on a very inane piece of work - the narrowing the registration of voting. Both the officials and the Minister decided to vote against our amendment. Its aim was to ensure that when an election is called there is a period to register at least up to three weeks before an election. Technology is so good now that people should be able to register to vote seven working days before an election. Our amendment was voted down and the Fianna Fáil Senators, as they are now, were not even in the Chamber when we called a vote. There is an extraordinary sense of developing and encouraging distrust among citizens when it comes to elections which is not good or healthy for a modern 21st century democracy. I am not saying that the majority of Irish people are not engaged or do not understand the systems in place. However, it is important that we make the process as clear cut as possible. People's lives are busy and it is easy for a referenda to creep up with voters left feeling inadequately informed or prepared.
The ridiculous fact is that we are all rushed to register people last November for a possible referenda on marriage equality next May. Everything seems to be predicated on ifs and buts which is not the way to encourage electoral participation or voter participation.
The Constitutional Convention held last year proposed, by a majority vote, the establishment of an electoral commission. The Minister has a lot of support and encouragement for doing so. I ask him, when he addresses us, to outline what discussions have taken place on this topic since he took up office. The former Minister, Mr. Phil Hogan, was a disaster when it came to participation, democracy and developing trust. I am not asking the current Minister to comment on my view but ask him to outline his priorities, since his appointments, in regards to this issue.
The Government committed to responding to the recommendations of the Constitutional Convention. The Tánaiste highlighted the subject only two months ago so there must be some structure or ideas in place. I ask that this House be made aware of what is proposed and that a real commitment is made on the Minister's part to follow through.We need to hear specifics before this year comes to a close and that time is now. The people are becoming disillusioned with the political process. They are regularly confronted with news of parties at loggerheads and having a lack of co-operation. People are jaded, particularly by the events of the past few months. The establishment of an electoral commission is a real opportunity for this Government to act on its promise to conduct political reform. We need specifics and I ask the Minister to give them to us today.