Seanad debates

Thursday, 22 October 2020

Electoral (Civil Society Freedom)(Amendment) Bill 2019: Second Stage

 

10:30 am

Photo of Seán KyneSeán Kyne (Fine Gael) | Oireachtas source

I would like to thank Senators Ruane, Higgins and others for bringing this Bill forward. I also welcome the Minister of State to the Seanad. I note the contributions made and support for the Bill from the ICLL, which represents numerous organisations. Its view is that section 22 of the Electoral Act 1997, as amended in 2001, is having a detrimental impact on the important and legitimate work of civil society organisations. It speaks of operational challenges, and also legal uncertainty in the sector. It is not good for any organisation to be unsure in respect of the work it does, its advocacy and what it has to declare. We all believe in full transparency in everything relating to politics and campaigning.

This is a case of unintended consequences of the original drafting, and this has been admitted in debates that have taken place in the Oireachtas. We know that the civil society groups play an important role, and they need to be able to engage and interact with the Government. This advocacy and campaigning can cost money, and there was an issue in relation to campaigning between elections and at election time.

I would not often quote Atheist Ireland, but it is right and proper to read the submission it has made. It has a contrarian view, and it feels that it is old-fashioned and authoritarian to regard democracy as happening only during elections. This is a valid point. It also feels that wealthier civil society groups and far-right activists, with whom they would disagree, will all have access to even more big money to spend on lobbying decision-makers between elections. It argues that these groups and their wealthy donors will have even more undue influence on our democracy, which is bad, whether one agrees with their aims or not. This is a valid point that should be taken into account and teased out in the discussions on Committee Stage, whenever that may be.

It is interesting that the Standards in Public Office Commission has raised this issue, and it has recommended a review of the electoral Acts and the establishment of an electoral commission. I welcome the commitment to engage on the issue of the electoral commission and also the Minister's view to take the recommendation on board in respect of the review of the electoral Acts.

The definition of political purposes brings non-governmental organisations, NGOs, within the scope of the Bill, even though their activities may not be related to the time of elections and referendums. There are whole range of bodies that we are all lobbied by. We might not be lobbied by some of them, but with others like the Irish Farmers Association and TidyTowns, I would not say it is lobbying, but meeting and having views on important issues. I do not think that was intended in the original Bill.

I welcome the commitment to establishing an electoral commission. The use of PPS numbers, or whether PPS numbers could be looked at in relation to single identity on the electoral register has been discussed often. Electoral fraud is probably not a big issue in this country, but that is not to say that it does not, or could not, happen, or that there are some constituencies in which it might be more common than in other areas. Having a single-----

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