Michael McDowell (Independent) | Oireachtas source

It is interesting the People's Republic of China has decided to sanction UK Members of Parliament for criticising what has happened to the Uighur people and has banned them from travelling to China. Those of us in this House who have been strong on that issue have not come to the attention of the people in Beijing yet but nobody should be intimidated by this kind of behaviour. I have not forgotten about Mr. Richard O'Halloran and I will ask the House to consider the motion on the Order Paper in the near future.

We are in the run up to two by-elections to this House. It is small electorate of approximately 220 Members of the Oireachtas. Even though the electorate is small, it does not mean there is any reason to depart from what the Constitution and the law of the land require, that is, that there would be complete secrecy and people's capacity to vote in the election would be completely secret. I hope the Leader agrees with me that everybody is entitled to be confident that no pressure will be put on anybody to indicate how he or she has voted. It is a secret ballot. Although people can belong to different groupings and parties, they cannot be asked to disclose how they have voted. The Constitution and the law require they not be put under pressure to disclose how they have voted.

The Constitution states the ballot must be secret. The 1947 Act states it is serious criminal offence to put pressure on anybody to show or disclose how he or she has marked his or her ballot. It would be a serious matter if it were to happen. I hope it will not happen and I want to make the law clear to everybody in this House. Voting is different for by-elections to the Seanad from voting in elections to the Seanad following general elections but the same basic entitlement and duty of secrecy applies.

Everybody has the right to vote in accordance with his or her preference. Secrecy is a right and duty of every Member of the Oireachtas. Every Member can vote in accordance with what he or she considers correct with the guarantee it will not prejudice him or her.