Seanad debates

Thursday, 21 July 2016

Commencement Matters

Constitutional Convention Recommendations

10:30 am

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

I thank the Senator for raising this important issue. It is important that we discuss the implications around it. In its fifth report, the Constitutional Convention recommended that voting rights be extended in presidential elections to Irish citizens resident outside the State. The then-Government considered this recommendation last year and decided that it would be necessary to analyse the full range of legal, practical and policy issues arising before any decision could be made on the holding of a referendum on the matter. The estimated costs arising also need to be fully analysed and considered.

The Government requested the Minister for the Environment, Community and Local Government to undertake this analysis in co-operation with the Minister for Foreign Affairs and Trade and the Minister of State with responsibility for diaspora affairs. A range of complex and interrelated issues are being examined as part of the analysis being undertaken. I will briefly refer to some of the issues that arise. They are ones which I would have mentioned during the debate last week on extending the Seanad franchise.

The wider Irish diaspora is estimated by some at 70 million people. The number of those in the 70 million who are entitled to Irish citizenship is not known and would be difficult to determine. However, the potentially very high number of citizens outside the State relative to those within it must be an important consideration in examining the extension of the franchise at presidential elections. Many questions arise in this regard. Should voting rights be extended to all citizens resident outside the State or only to passport holders? Should it be extended only to those born in Ireland or to citizens who have lived outside the State for a limited period? What would be an appropriate time limit? Would it be five, ten or 20 years, for example? How would this be administered or verified? This is not an exhaustive list of questions that arise when considering this particular issue, but they are ones we will have to talk through at some stage and make decisions on. The Departments are analysing them and trying to come up with suggestions.

Clearly, a robust system for the registration of voters resident outside the State is a prerequisite for any extension of the franchise. The operational arrangements for the registration of electors in the State would likely not be suitable for an extended franchise. Much work would be needed in this area and this has already been flagged in relation to the establishment of an electoral commission. How would citizens outside the State vote? Arrangements must be workable. Embassy voting allows for in-person voting such as we have at polling stations. While in-person voting is generally viewed as the most secure method of voting, many practical issues appear to mitigate against such an arrangement being workable for us. Postal voting is an alternative for consideration but security of the ballot and verification of identity must be carefully considered if we are to use this method on a very large scale as could arise in an extended franchise.

The Government recognises that an extension of voting rights at presidential elections to citizens resident outside the State would be welcomed by many. An amendment to the Constitution would be required to give effect to the convention's recommendation. There is a need, however, to ensure that we carry out a thorough analysis of the issues arising before putting a question to the people at a referendum. My Department is undertaking that analysis in close co-operation with the Department of Foreign Affairs and Trade and the office of the Minister of State with responsibility for diaspora affairs. I do not have a date as to when the analysis will be concluded. It is a complicated issue and there is a lot in it. That does not mean we are not going to do it. It must all be looked at. There is a desire there to do this but there is also a fair bit of work involved. I said during last week's debate on the extension of the Seanad vote that the use of technology is important and that we must explore all options there. At all times, we must ensure that the system is secure and usable. We must try to learn from those countries which do this best.

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