Seanad debates

Thursday, 10 December 2015

Electoral (Amendment) (No. 2) Bill 2015: Committee and Remaining Stages

 

10:30 am

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail) | Oireachtas source

I move amendment No. 8:

In page 7, between lines 7 and 8, to insert the following:“Amendment of Electoral Act 1992, Referendum Act 1994 and Presidential Elections Act 1993

5. (1) Section 85 of Part 15 of the Electoral Act 1992 is hereby repealed.

(2) Section 42 of the Presidential Elections Act 1993 is hereby amended by the substitution of “section 86” for “sections 85 and 86”.

(3) Section 30 of the Referendum Act 1994 is hereby amended by the substitution of“section 86” for “sections 85 and 86”.

(4) (a) The Minister may make regulations for the general purpose of this section and may, by regulation, provide for any matter referred to in this Act as prescribed or to be prescribed.
(b) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation.

(c) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.".

This amendment relates in particular to voting on the offshore islands. It is about bringing all voting on all days into line, particularly for general elections, although it is important to bring local elections into this as well. I come from a county with a number of offshore islands, such as Arranmore, Tory and Inishbofin. There are smaller islands like Gola as well. Until now, in the case of general elections the legislation permits the returning officer to hold the election on an offshore island up to five days before the general election date specified by the Minister. That leaves the electorate on the islands at a disadvantage when they go to vote. If any issue was to emerge, or if a candidate shone or Government policy were introduced in the days ahead of the election - even the day before or two days before it - the islanders would have cast their vote under different circumstances to the general population. That is wrong.

We live in a technological age, with enhanced transport and communications. Before the Internet, it may not have been such a pressing issue but it is today because of technology and globalisation. We should be in a position to allow all elections for the same office to be held on the same day, irrespective of whether people live on an island or the mainland. For example, in the last general election in 2011, there were four constituencies with offshore islands. These were Donegal South-West - now a Donegal constituency - Mayo, Galway West and Cork South-West. The general election was held on 25 February 2011 and voting in Donegal South-West took place on 23 February, two days before the voting on the mainland. Those votes were cast on the islands of Arranmore, Gola, Inishbofin, Inishfree and Tory, with 760 people voting. In Mayo votes were cast on 23 February, two days before the election, with 194 people on the three offshore islands of Clare, Inishbiggle and Inishturk. In Galway West, votes were cast the day before the election, with 1,155 people voting. In Cork South-West, 466 people voted on the same day as the general election. That means 2,575 people voted on offshore islands in the 2011 general election.A provision could be incorporated into this legislation to allow, at the next general election, people who live on islands to vote on the same day as a general election is held.

I have spoken to people who live on the Donegal islands of Tory, Arranmore, Inishfree and Gola and on Inishbofin, County Galway. Some of them would argue that they do not vote because they have to vote early. They feel they are voting with one eye closed so to speak because they do not get the whole picture. In order to bring democracy into the 21st century islanders should be afforded an opportunity to vote on the day a general election is held.

The Department's response has been that weather and environmental factors come into force, that ballot boxes may not be returned to the count centre on time, etc. I do not buy such excuses because we have transportation infrastructure that allows ferry services to the islands to operate and there is a helicopter service. There are other ways to bring ballot boxes to the islands. For example, many of the islands are served by excellent search and rescue operations which could bring ballot boxes to the mainland. We must look at the issue.

Deputy Éamon Ó Cuív has raised this matter in the other House during the debate on Report Stage of this legislation the week before last. I agree wholeheartedly with everything that he said. Island citizens deserve electoral equality and should be given an opportunity to vote on the day of an election the same as everyone else. Such a provision would not generate an additional cost to the Exchequer. I want equality so I want island populations and voters to be given the same rights when it comes to information. Elections are all about voting. The electorate has a right to vote under informed circumstances. Island inhabitants are being disenfranchised in terms of the information that may emerge up to five days before a general election, local election, presidential election or a referenda. Fianna Fáil had an opportunity to correct the situation but did not do so. Previous Ministers for the environment had an opportunity to improve the situation but did not do so. It is now time to make the change given the age that we live in terms of communications and transport infrastructure. The provision was not accepted in the Dáil. I am not sure what reasons the Department and Minister have for not incorporating this provision. We should incorporate such voting and this legislation allows for same.

All Stages of the Bill will be taken today. Perhaps acceptance of the provision is beyond the Minister of State's brief as the matter revolves around the Minister but she may be able to use her good offices. Perhaps she will decide to review the matter and not proceed with all Stages of this legislation today. She could come forward with alternative proposals that could be incorporated into another piece of legislation. A general election is only weeks or months away so unless this matter is dealt with today there will not be another opportunity to do so before the general election is called. This debate is our last opportunity to deal with this matter and amend the situation in time for the general election in 2016. It would be a lovely gesture if the Fine Gael and Labour Government, going into 2016 which is 100 years on, were to allow all of the citizens of this State to vote on the same day. The Government should say to the island people of County Donegal and other counties "Yes, we give you the opportunity to vote on the same day". It would be a great gesture and I am sure that the Minister of State agrees with me.

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