Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 12:

In page 21, between lines 20 and 21, to insert the following subsection: "(d) progress regarding the wholesale review of the Electoral Act 1997, including the review of its provisions relating to political funding, until such a time as that review is complete."

The wording of the amendment is as outlined. Amendment No. 12 relates in large part to amendments Nos. 28, 67 and 69, in that it is aimed at reviewing the Electoral Act 1997 as it relates to political funding. Amendment No. 28 specifically provides that the electoral commission be expediently charged with the review of the Electoral Acts upon its establishment. As amendments Nos. 12 and 28 are closely related, they should be considered together.

Unfortunately, amendment No. 12, as drafted, contains an error in the relevant page number and should, therefore, be withdrawn at this stage. The amendment should instead be inserted in page 29, in the section which sets out the provisions relating to annual reporting of the electoral commission. I will speak briefly to the spirit of the amendment before I withdraw it, with the agreement of the House. I will then resubmit it on Report Stage without the error.

The Electoral Reform Bill as a whole provides us with a once-in-a-generation opportunity to amend our electoral laws. Additionally, it provides a rare and important opportunity to address and clarify the existing definition of "political purposes", which is contained in the Electoral Act 1997, as amended. I will defer in-depth discussion regarding the need to amend the definition of "political purposes" in the Electoral Acts until later in the debate, but the anomaly that exists between the regulation of the campaigns of politicians and the normal everyday advocacy and community-led campaigning that takes place throughout the country must be addressed. Unfortunately, however, the Bill does not address or clarify this matter.

My colleague, Deputy Cian O'Callaghan, tabled a similar amendment to my amendment No. 67 during the Dáil consideration of the Bill. Deputy O'Callaghan's amendment was inspired in large part by my Electoral (Civil Society Freedom)(Amendment) Bill 2019, which I first introduced to this House in 2019, with the aim of amending the definition of "political purposes" in the Electoral Act 1997. The Minister advised during the course of the Dáil debates that he would not accept Deputy O'Callaghan's amendment given that it is proposed that the wholesale review of the Electoral Acts would be a matter for the yet to be established electoral commission, including its provisions regarding political funding and donations.

Personally, I have major concerns about deferring such an important issue to the electoral commission, not because I believe the electoral commission will not do a satisfactory job or make the correct recommendations in the course of its review, but rather because it means further delay in addressing this anomaly. When I began drafting my Private Members' Bill, we had a number of meetings with the then Minister, Eoghan Murphy, and his departmental officials. I am now proposing to address this matter in the current Bill. I accept Mr. Murphy was a Minister in the previous Government, but we were assured at the time that this matter would be dealt with when the electoral commission was being set up under this legislation. Each and every time we get closer to developing the electoral commission, the goalposts are moved. The more that happens, the more civil society organisations continue to live in fear due to the work they do and the advocacy they engage in. That was never the intention of the Bill in setting out political purposes, as is clear when one reads the sentiments expressed about that phrase in the debate at the time. It is clear the intention was always to capture electoral and general election periods only. In the meantime, civil society organisations have been stifled in their everyday work and debate, which is not the climate we want in Ireland for such organisations. I know the Minister of State does not want that either.

We have had conversations on my Bill which are reflected in many of the amendments tabled. We are seriously missing an opportunity to address the issue in this legislation. I do not wish to delay this matter further by referring it to the prospective electoral commission. It is evident from the discussion today that the commission will have a significant task to perform and will have a wide-reaching remit in terms of its role and functions. The Minister of State can understand the reason for our apprehension to have the issue of "political purposes" addressed in the lifetime of the Government given the time it will take the commission to become established and fulfil the many functions with which it will be tasked. This amendment, therefore, seeks that progress regarding the wholesale review of the Electoral Acts, provided for by my amendment No. 28, be outlined in the commission's annual report on the performance of its functions during the preceding financial year. Any such report should be laid before both Houses of the Oireachtas, where the progress or otherwise could be evaluated and considered by the Houses.

If it is the case that the Minister of State is not open to accepting amendments Nos. 67 and 69 and instead defers the issues relating to the definition of "political purposes" to the electoral commission, I ask that he specify in the legislation that the commission will be charged with the function of undertaking this review, as set out in amendment No. 28, and to build in regular progress reviews and reports, as provided for by this amendment.