Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank all the Senators for their contributions. I will make a general point on the discussion we have had. I wholeheartedly support the notion of Seanad reform. There was not a commitment to it in the programme for the Government. It is a three-party programme for Government negotiated with three parties in good faith. The Minister, Deputy Darragh O'Brien, gave a commitment to examine the issue further and I will be happy to take up that matter with my colleague.

Our imperative here is to get this legislation passed. It is critically important we establish the electoral commission from which will stem significant political reform and wider participation of the public and minority groups, in particular, in our democratic processes and system, about which Senator McDowell has spoken so eloquently. I appreciate the frustration he expressed but, from the Government’s perspective, it is critically important to get the commission established and have the legislation passed.

I will speak to amendments Nos. 25, 36, 40, 53, 54 and 62 tabled by Senators Higgins, Ruane, Flynn and Black, which are in respect of the franchise for Seanad Éireann. Amendments Nos. 25, 36 and 40 propose to give an coimisiún new additional functions in reviewing the electoral system, constituencies and franchise for Seanad Éireann as well as the criteria by which the Taoiseach may nominate a person as a Member of Seanad Éireann. While I understand the motivations for these amendments, I cannot accept them.

The approach to the initial functions of an coimisiún toghcháin is balanced. It brings in established functions that are relatively self-contained from the outset, as well as a significant suite of new functions, namely, the new research, advisory and public education function, online political advertising and oversight of the electoral register. These initial functions give an coimisiún toghcháin a solid foundation and allow it to build up its organisational and operational capacity gradually. In addition, we will benefit from having an coimisiún up and running, while at the same time making the preparations for new additional functions to be transferred. I am of the view that an coimisiún is taking on a significant number of both new and existing electoral functions from the outset. I am mindful of the need for an coimisiún to get established and build up organisational capacity. I do not intend to add to these functions at the present time.

Amendment No. 53 seeks to establish an electoral register for Seanad Éireann, which would be maintained by an coimisiún, and proposes to extend the franchise for the Seanad to Irish citizens who are resident in Ireland, citizens residing outside the State who hold a current and valid passport, to those entitled to Irish citizenship in Northern Ireland and to citizens holding a requisite qualification and who are graduates of an institution of higher education in this State as well as serving Members of the Dáil, Members of the outgoing Seanad and serving members of local authorities. This would mean the Seanad would have a significantly wider franchise than is in place for Dáil Éireann. At a Dáil election, only Irish and British citizens ordinarily resident in a constituency who are aged 18 or over can vote. This amendment would create dual registers, one held by an coimisiún and the other held by local authorities. This is unnecessary duplication and would require careful consideration.

As the Senators are aware, Part 3 provides for significant modernisation of the electoral registration process. It would be prudent to allow this modernisation work to be completed. For the foregoing reasons, I must oppose amendment No. 53.

Amendment No. 54 requires the Minister to submit a report to the Houses of the Oireachtas within 12 months of the passing of the Act outlining measures taken to reform the electoral franchise for the vocational panels and for universities constituencies of the Seanad as well as the criteria applied to the nomination of Members for Seanad Éireann under Article 18 of the Constitution. The Bill does not provide that the Minister would have a role in reporting to the Oireachtas on electoral matters. In fact, with the establishment of an coimisiún toghcháin, we will now have an independent statutory body which can made recommendations and provide advice regarding electoral matters. This is specifically provided for in Chapter 9 of Part 2 of the Bill, which sets out in detail the research, advisory and voter education functions of an coimisiún. I do not propose to depart from the general principles set out in the Bill regarding research and advice on electoral matters and I am therefore not in a position to accept the amendment.

Amendment No. 62 seeks to amend section 94 of the existing Bill and to allow a registration authority to enter the name of a person on the pending electoral list in the register of electors of a constituency of Seanad Éireann in the scenario where the franchise for such elections is extended. Section 94 provides for the preregistration of 16- and 17-year-olds on the pending electors list and the inclusion of these persons on the register when they turn 18 years. Currently, registration authorities do not manage the electoral register for Seanad Éireann elections. I note this proposed amendment is framed on a conditional basis to provide for a circumstance in which the franchise for such elections has been extended. The extension of the franchise in elections for Seanad Éireann would in itself require legislation to have effect. That would be the appropriate time for this type of arrangement or similar to be considered. For this reason, I cannot accept the amendment.