Seanad debates

Thursday, 22 October 2020

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

 

10:30 am

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I welcome the Minister of State to the House and wish him well in his new role. I commend my colleagues, Senators Ruane and Higgins, on this Private Members' Bill which is absolutely fantastic.

I would consider myself an activist. I am the founder of a charitable organisation and understand how difficult it is to raise funds, particularly in the absence of Government funding. Civil society organisations work to influence public policy for the benefit of people living in this country. The advocacy work of civil society organisations has been at the forefront of transformative positive change in Ireland and this rich tradition must continue. Any constraints on their activities are totally undemocratic. Many civil society organisations are supportive of this Bill and see it as a defence of civil liberties and human rights.

One of the many organisations that will be impacted by the provisions of the Electoral Act is Frontline Defenders, an international human rights organisation based in Dublin. I am sure the Minister of State is well aware of that organisation which works to advance the protection of at-risk human rights defenders in all regions of the world. How does it breach the spirit of a law that was passed to prevent foreign influence on the outcome of elections here for this organisation to fundraise to protect human rights defenders? Other organisations that will also be impacted include the Irish Council for Civil Liberties, which exists to raise public awareness of human rights issues, Amnesty International Ireland which researches and campaigns with the aim of preventing and ending grave human rights abuses and Transparency International Ireland, the Irish chapter of the worldwide movement against corruption.

I am deeply worried about provisions that were inserted in 2001 into section 22 of the Electoral Act of 1997, as amended, which appear to prohibit any person or organisation based in Ireland from accepting sizeable or international donations to assist them in influencing public policy. I am also concerned by the impact of the onerous tracking and reporting requirements that attach to small domestic donations. The Electoral Act's civil society donation restrictions should be confined to advocacy aimed at achieving a certain result in elections and referendums only. Civil society organisations should be allowed to freely advocate on public policy issues outside of campaigning in an election or referendum for which the date has been set. Denying funding to civil society organisations amounts to silencing the people's voice and weakening democracy.

I have worked closely with many of these organisations, particularly on legislation about which I am passionate including the Occupied Territories Bill and the Public Health (Alcohol) Bill. Indeed, I could not have done that work without them and I am still working with them today. They are absolutely incredible and are so passionate about the work they do. They are truly an inspiration. It is highly likely that in conducting their day-to-day business, civil organisations could be involved in activities that would fall within the definition of "political purposes" in that they would be attempting to promote or procure a particular outcome in the context of a policy or policies of the Government or of public authorities including local authorities.

Civil society organisations are essential and I know the Minister of State is aware of this. They are essential to the democratic process in this country and we must do whatever we can to protect the freedom of these organisations. I would love the Minister of State to consider allowing this Bill to progress to the next Stage and then work with Senator Ruane on amending it, if necessary.

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