Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 6:

In page 9, between lines 27 and 28, to insert the following:“Amendment of section 9 of Electoral Act 1992

8.Section 9 of the Electoral Act 1992 is amended by the insertion of the following new paragraph:

“(c) such other persons in the State as may be determined by law.”.”.

This amendment would seek to amend the Electoral Act 1992, which was previously cited by the Minister. That Act, which currently extends the right to vote in European elections to Irish citizens and to European member state citizens, would also be amended to also extend this right to "such other persons in the State as may be determined by law". This language brings that Act into line with Article 16.1.2° of the Constitution. This provision was an amendment to the Constitution making provision for the voting rights of "such other persons in the state as may be determined by law". My amendment would bring those two provisions into line with each other. Article 16.1.2° was brought in by Fine Gael to ensure that UK citizens would have voting rights.

I ask the Minister of State to consider supporting this amendment. It is a very small amendment that does not seek to determine what the law might be. However, if there was a preponderance of European Court of Justice rulings, or if the Minister wished to respond through legislation or by a statutory order, which is also law, the amendment would allow for action to ensure and vindicate the rights of persons. If legal findings were made to the effect that UK citizens resident in the State should have voting rights, or if the Minister wished to make a statutory order and discovered that he was able to do so, this would allow that to happen in the most efficacious way possible. I ask the Minister of State to support it.