Seanad debates

Wednesday, 4 March 2015

Establishment of Electoral Commission: Motion

 

10:30 am

Photo of Fiach MacConghailFiach MacConghail (Independent) | Oireachtas source

I move amendment No. 1:



After “January, 2015”, to add the following:“and calls on the Government as a matter of urgency to establish an independent Electoral Commission before the end of December, 2015.”.
Cuirim fáilte roimh an Aire go dtí an Seanad. I call on the Government, as a matter of urgency, to establish an independent electoral commission before the end of 2015. There are a couple of issues involved. From the Fine Gael point of view, this is a poor motion. It is a motion that has not thought itself out. This Minister, for whom I have huge admiration, and who is a doer, sent this document to an Oireachtas joint committee. My esteemed colleague, Senator Landy, and I are members of this committee, as is Senator Keane. The Minister asked the joint committee to revert with recommendations and comments. It is a detailed and good document. The Minister has a political science background, having studied politics and history in UCC. I therefore find it extremely disappointing and almost lazy that this motion has been proposed by Fine Gael in the Seanad when, on 17 December, less than three months ago, our group tabled a motion calling for action on the establishment of an electoral commission.

In my speech at the time, I cited core research carried out by the UCD Geary Institute, which Senator Keane mentioned. There was a commitment made in the programme for Government to overhaul the way politics works. The fourth report of the Constitutional Convention also looked at the issue. Senator MacSharry also mentioned the Seanad report. All of these lead to one thing: political reform. This Government's reputation will either be enhanced or diminished by its delivery of political reform. An independent electoral commission must be the pillar of any political reform. When the Minister was in this House in December, we did not put the motion to a vote. We took the Minister's word. I still take his word. I have an issue, however, with the extraordinarily bureaucratic way civil servants grab hold of initiatives. They grab hold of good ideas and weigh them down with proposals and consultation papers. This should be in place already. The Government will be in office for five years.

We had a good debate on 17 December. The Minister in his response to us was very conciliatory. However, he said that he would like to deliver heads of a Bill by the middle of this year and that, by late 2015 or in early 2016, legislation he would bring legislation forward and move it through the Houses. The Tánaiste had also committed to this. I am concerned that the Minister went on the record in January to say that the more realistic timeframe for the electoral commission to be fully operational would be ahead of the next European and local elections. This is why I tabled the amendment. I will push this amendment because I want the Seanad to support the reform zeal of the Minister. I want to support the Minister on this. I do not want my esteemed colleague, Senator Landy, to feel that I am being disloyal in terms of the issue of political reform. We are pushing this because I want the Minister to have a further mandate going back to Government. This is why our group and I are very serious about this amendment.

An electoral commission should be in place by the next general election or this Government will have utterly failed to have enacted any real political reform. This paper suggests that the process will be lengthy and states on page 7 that a commission will take a number of years to be established and will not be in place in time for the next general election. What a kick to touch; it is better than Johnny Sexton any day. It will not happen in 2019. We will be waiting longer and longer and the element of political reform will not be achieved.

As is pointed out in this very good consultation paper, international evidence has shown that an independent electoral commission is more cost-effective and provides for better democratic stability. This country would appreciate both of these benefits right now. Given the political landscape of recent weeks and months, Irish citizens would welcome greatly the role of an independent electoral commission when the time comes for re-election. Our citizens would look favourably on a Government which follows up on a commitment to reform. I agree with Senator Landy that this Government's reputation is at stake if it does not make the commitment to establish an electoral commission by the end of this year. While this consultation paper rightly states that the electoral system enjoys a high degree of legitimacy among its citizens, it will not last forever. The time to act is now when we have the space and, it is hoped, the honest commitment of the Government to improve our democratic system.

Senator van Turnhout spoke eloquently in December on voter registration. The answer to Senator Landy's 96 year old neighbour is to have same-day registration. This happens in states in the United States. I have seen it working at a local level. We have the technology. We had the ridiculous situation of having the former Minister, Phil Hogan, in this House arguing against a proposal we made to shorten the timescale between applying for a postal vote and the date of an election. It was ridiculous.

I recognise and welcome the focus in the consultation paper on accountability in governance. Given the function of an electoral commission, it is also clear that it needs to be independent of Government. It also needs regulation and transparency. These are paramount. This is a crucial area which needs to be considered. Independence, accountability and performance are the crux of the issue.

The paper also cites Laking's 2002 assertion that the decision to set up a new public body should be based either on considerations of improved economy, efficiency and effectiveness or in its contribution towards enhanced impartiality and public credibility in delivering public policy. This paper talks about starting from scratch, building it up and taking time. We could, however, use the Standards in Public Office Commission, SIPO. We could start to develop it slowly and migrate its responsibilities in order that the electoral commission would support not only local and general elections but also referenda.

Section 5 of the consultation paper looks outward for an international example of an electoral commission. It highlights similar ones in the UK, Australia, Canada and New Zealand. Political reform needs to be achieved. The Government needs to enhance its reputation by delivering an electoral commission. I am supporting the Minister's reform commitment and moving that an electoral commission should be in place before December 2015.

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