Seanad debates

Wednesday, 6 March 2019

European Parliament Elections (Amendment) Bill 2019: Second Stage

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

Senators have spoken about a number of issues relating to the Bill, for example, the additional representation of two MEPs. I know the Minister did not have a great deal of information on that when speaking in the Dáil, but perhaps the Minister of State might have more now. I would like to know what resources, if any, may be allocated to those elected as MEPs but who are not in a position to take their seats, in order to ensure their ongoing engagement with their electorate who have chosen them as their representative. They will still have a mandate of sorts.

I wish to focus on the narrowing of the franchise. Some UK citizens living in Ireland who vote in European elections in Ireland and have passionate views and are very committed to Europe care very much about that vote. There is a deep concern about the decision to remove those UK citizens effectively from the electoral register.

As the Minister of State will be aware, I have tabled a number of amendments. I may oppose the Government amendments but I am trying to produce a number of compromises. I am trying to ensure that those who are on the electoral register already do not find themselves removed from that electoral register in the forthcoming elections. It is very important that we make every effort and there is precedent. In the 1977 Act, which is the principal Act referred to in this Bill, we know there was an exemption made in respect of the 1994 electoral register. I am asking for a similar exemption to be made in respect of the current register, so that those on the register do not find themselves losing the franchise. During the debate in the Dáil, the Minister of State acknowledged that the legal advice available to him had concluded that it might be possible for member states to allow citizens of third countries resident in their territories to vote in European Parliament elections, but that he felt it was more prudent not to do so. As was mentioned in the Dáil debate, a European Court of Justice ruling in respect of Spain versus the United Kingdom on Gibraltar stated that a non-EU citizen would be able to vote in an European election. I have that ruling which is very clear. The argument made at that time, which the Minister of State referenced is around close ties. I do not think that anybody could argue with that. I am sure that if I looked back over the record, I would see every Minister speaking about close ties between Ireland and the United Kingdom. We also have the unique situation of the common travel area and the Good Friday Agreement. I am also putting forward a very mild amendment to bring the definition of who may be allowed to vote in the 1992 Act into line with something which every citizen in this State voted for, that is, the amendment to Article 16.1.2o of the Constitution which reads: " such other persons in the State as may be determined by law.." That amendment simply seeks to provide that we would ensure there is scope for such other persons as may be provided for to have their vote.

We will have a chance to debate each of these amendments. I am also proposing a simple report in this area because this is not solely about UK citizens. There is a need for a review in respect of the rights of other non-EU citizens as well.

I was on a Vótáil 100 committee last year where we discussed the extension of the franchise to women. I am a member of the Seanad reform group who are pressing for reform to extend the franchise and widen the electorate to the Seanad.

I have been at a meeting listening to the young activists on climate change. As I said previously, we should be holding a vote to allow 16 year olds to vote in the European elections. This is something the European Parliament wanted. It is unfortunate at a time when we need an extension of the franchise that we would have a regressive step. The franchise is not simply a privilege for the individual, it is a service to us all. It serves us all to have as many people as possible involved in the decisions that affect our collective lives in Ireland and in Europe.

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