Alice-Mary Higgins (Independent) | Oireachtas source

The right to vote in European elections allows many UK citizens who are pro-European and passionate about Europe to use their voices and contribute to European debate at a time when they may have been disenfranchised by their own country's choice to disenfranchise its citizens. Ireland should send a signal of inclusion through the European elections, even if a hard Brexit has not taken place beforehand. That matter is addressed in amendment No. 1.

Amendment No. 2 is even more clear and specific. It reflects the approach taken in the principal Act of 1997 referred to in this legislation. Provision was made in that Act for those on the 1994 register to be exempted from the preclusions put in place by the 1997 Act. Section 6(1) of the 1997 Act states that a person shall not be entitled to register as a European elector except in a number of circumstances. Section 6(3) makes it clear that subsection (1)did not apply to those on the 1994 register.

I have sought to mirror that provision in a new subsection which simply states: "Subsection (1) shall not apply in relation to any person who was registered as a European elector in a constituency in a register of electors which came into force prior to the enactment of the European Parliaments Elections (Amendment) Act 2019, or a supplement thereof, provided that person continues to be a resident of the State." It provides that those who are currently on the register and entitled to vote today will still be entitled to vote in the European elections in May. We do not know the numbers on the electoral register but we know there are approximately 100,000 UK citizens living in Ireland. They should be able to make their voice heard on collective issues.

I have referred to the ruling of the European Court of Justice in the case of Kingdom of Spain v. United Kingdom of Great Britain and Northern Ireland. The Minister of State indicated the ruling largely relates to the issue of Commonwealth citizens. I have the specific decision of the European Court of Justice here and the ruling does not rely on the Commonwealth argument that the Minister of State mentioned. It makes clear that neither Articles 189 or 190 of the treaty establishing the European Community concerning the elections of representatives by direct universal suffrage expressly states who is to be entitled to the right to vote. Moreover, the articles refer to the principle of non-discrimination. The concern is that citizens of other member states should not be discriminated against. The meaning of those articles is not to preclude but to include.

I also note that the same ruling of the European Court of Justice is explicit in its use of the term "peoples". That term is not defined and can have different meanings in different member states and languages. No principle can be derived from the relevant articles that citizens of the European Union are the only persons entitled to citizenship under all the other provisions of the treaty.