Alice-Mary Higgins (Independent) | Oireachtas source

I second this Bill and commend Senator Ruane for proposing it. It is something that all of us in the Civil Engagement group in the Seanad strongly support - both the current group and the former members of the group including former Senators John Dolan and Colette Kelleher. It goes to the core of the role that we see civil society playing in shaping and contributing to Ireland and in supporting and changing the policies in people’s lives.

This is what the Bill is about. It is important to be very clear that this is not a Bill about elections or referendums but, very clearly and explicitly, the Bill sets out a very comprehensive set of political purposes which we consider should be regulated under the current measures. These include political campaigns but also those who might promote the political campaigns of a particular candidate or party, and those that might be taking action around a particular outcome in a referendum. We very much see all political activity as coming within that political purposes definition. That was very much the intent of the former Minister of State and Deputy, Bobby Molloy, at the time where he very much felt that this legislation was around the engagement of third parties in electoral activity. That was the envisaged role of this earlier legislation.

The concern is that the vagueness of the language, the lack of that clear definition and the interpretation of it, particularly in recent years, has meant that "political purposes" is being taken as basically encompassing having an opinion about political policies that affect one’s life or to actively engage around the changing of a policy. The reason that this is really important is because of the people that this earlier legislation affects. Examples were given of the Hellfire Club and of parents who are trying to advocate together around the rights and supports for their children. The people who care about their colleagues, their neighbours or their communities tend to care a great deal. They care about people and also care about policies. The problem at the moment is that people are often in a position because they feel torn where they have to choose between the two.

For example, those who might be providing community services, who are the exact people who know what needs to be done, have to choose between minding the people, providing the services or changing the policies and changing the future for all of those for whom they work. That is often very difficult. I have spoken to people who have strong views, who know how policies can be improved and what is needed in services on the ground, but are nervous of speaking up about it. They are nervous because they may be regarded as advocating, crossing a line and that it might affect their ability to fundraise in order to provide essential services. It should not be a situation where those who care in that kind of way are inhibited from effectively caring in another wider way. Ireland is particularly unusual in this regard because we rely extraordinarily heavily on volunteers. In the CSO survey some 28.4% of adults in Ireland volunteer, and we have over 14,000 volunteers. Those volunteers in the community groups that we have described, and those who may be employees working with NGOs or civil society groups, should be able to engage and to advocate on the issues that are really important and should not feel in any way compromised or jeopardised to fundraise in that respect.

Again, I do not wish to name groups, but I am thinking now about when I worked with people who cared about bees where advocacy is a tiny part of their work. Mainly they work with bees.When policies on pesticide or hedge-cutting are coming through, obviously they have a perspective and may wish to share it but that should not jeopardise them in respect of all the other value they add. That is the core of this. NGOs and more informal voluntary and community groups have all been hit by the wide interpretation of "political purposes".

I accept that the Minister of State will engage with us on this and that there will be an electoral commission, but I am quite concerned because the commission has a very significant task ahead of it, not least in regard to Seanad reform and so forth. I would like him to affirm that this issue will not be lost in engaging with those issues. We have supported electoral reform and the electoral reform Bill. I called for an electoral commission umpteen times before I was elected to the House. In the regulation of online electoral advertising, it was Deputy Lawless and I who insisted, before, during and after the most recent referendum, that there was a lacuna in the regulation of online advertising, and that during electoral periods in particular, given that there is a prohibition on foreign donations in respect of electoral activities of other kinds, we should be assured that that also applies to the purchasing of online advertising. We have pushed for the regulation of political advertising, including online.

Those issues, and the issues of ensuring there are appropriate safeguards for issues such as foreign donations, can be dealt with by the electoral commission or by Bills specifically relating to the regulation of advertising. Furthermore, if those issues need to be addressed in the Bill, they could be addressed through amendment on Committee Stage. That is why it is unfortunate that we are not able to move past Second Stage and to come to a debate on definitions and ensuring they are appropriate. The definition offered by Senator Ruane and the rest of our group fulfils what has been noted at EU level, as well as by the Irish Human Rights and Equality Commission, IHREC, and many others. It is our attempt to address that definition problem. We are, of course, willing to engage with people on suggestions they might have about how that definition could be improved or strengthened. The circumstances cannot be left as they stand. I have talked about people who want to express their concerns and to advocate but we too, as legislators, need to hear from people. We know how many issues have come to light too late, indirectly, via whistleblowers or individuals who had to break from what they were doing to raise a flag or highlight an issue. It will make for a healthier ecosystem because civil society and politics will work together on those collective tasks we set ourselves to make a better and more liveable Ireland.

I hope this will move forward. If roadblocks are encountered in respect of the electoral commission, we might have to revisit the Bill as a standalone issue coming back through the Houses.