Lynn Ruane (Independent) | Oireachtas source

I thank the Cathaoirleach for selecting my Commencement matter and the Minister for appearing in the Seanad to take it.

I raise an issue of deep concern to many civil society groups involved in public advocacy campaigning and working within organisational structures to effect positive changes in public life. In this country we have an incredibly rich and proud tradition of civil society activism. Civil society led the way on issues of economic and social justice, allowing for Ireland's growth into a more progressive and modern state, as in the recent campaigns for marriage equality and the repeal of the eighth amendment. We owe a lot to civil society and its constituent organisations. The State needs to ensure it is positively supporting their work and role through its laws. It must not act as a barrier to the fair and reasonable advocacy in which the organisations engage.

The situation is that the State is unfairly, unnecessarily and without a reasonable basis interfering in the work of civil society organisations. As the Minister will be aware, the Electoral Act 1997 sets out stringent rules for donations to political parties, political candidates and third parties. It provides that where donations are received to be spent for "political purposes", all of the requirements for the making of a statutory declaration to the Standards in Public Office Commission kick in. That is as it should be, as the regulation of political spending is a strong and welcome feature of our democracy, one that has resulted in an extraordinarily high level of trust and confidence in the electoral system by international comparisons. In 2001 the definition of "political purposes" was extended beyond relating solely to elections. It was redefined to include "to present, directly or indirectly, the policies or a particular policy". This definition is far broader than one that relates just to elections and could feasibly relate to the work of any civil society organisation in advocating for any policy change. Potentially, we are talking about the work of Tidy Towns committees, community organisations and residents' associations, bodies that could never have been intended to be subject to this high standard of compliance. The practical effect of the change is that civil society organisations engaging in normal public advocacy work have become subject to a wide range of unnecessary and burdensome donation prohibitions and statutory declarations. They are entirely justifiable in an electoral context, but I believe they were a completely unintended consequence of the broadening of the definition of "political purposes" for civil society organisations.

We have a real problem, which is why I am raising the issue with the Minister. We need to rethink the definition of "political purposes" in section 22 of the Act and assess whether it is fit for purpose. It was reported recently in The Sunday Business Post that the advocacy group Equate Ireland had been forced to close in the face of this wide definition being weaponised by a lobbyist on the other side of a policy issue. Complaints to the Standards in Public Office Commission were used to interfere in the valid and fair advocacy work of the organisation. The unclear nature of the definition became the focus point of a High Court case involving Amnesty International. The ruling was against the Standards in Public Office Commission.While this definition remains too vague, unclear and uncertain, the State will continue to be open to legal action. In fairness to the former Minister, Mr. Dempsey, who introduced this change, I do not think it was intentional. It has, nonetheless, caused major problems. The law has been specifically criticised by the European Union Agency for Fundamental Rights for threatening the basic democratic right to freedom of association. On the international stage, Ireland is one of the strongest defenders of strong civil society spaces, playing a leading role in developing the EU guidelines on human rights defenders and sponsoring the Human Rights Council's resolution on civil society space. It is simply hypocritical for Ireland to play this role internationally when our domestic laws are so problematic.

A number of groups, including Amnesty International, the Irish Council for Civil Liberties, ICCL, and others, have come together as the Coalition for Civil Society Freedom to advocate specifically for this change. It has produced an excellent report, entitled Keeping the People's Voice in Power. Has the Minister read the report? If not, will he commit to reading it and then meeting those groups as soon as possible? I believe this was an unintended mistake caused by poorly phrased legislative drafting. It is a bad law that is hampering the work of some excellent organisations in this country. We cannot stand over it any longer. I urge the Minister to consider changing this as a priority and I look forward to his response.