Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 2:

In page 18, line 31, to delete ", in so far as practicable,".

This amendment seeks to delete the term "in so far as practicable" in respect of efforts to be made by the Public Appointments Service, PAS, to ensure an equitable balance between women and men on the electoral commission. We tabled an amendment aiming to achieve a similar end on Committee Stage, which sought a minimum level of representation of women on the commission.

I acknowledge that the Bill, as drafted, contains a provision that seeks to ensure equitable representation between genders on the commission, but the provision contains the qualifier "in so far as practicable". The relevant subsection states "the Service shall, in so far as practicable, endeavour to ensure that among the ordinary members of the Commission there is an equitable balance between men and women". In my view, it is unnecessary to include the term "in so far as practicable". The word "endeavour" means to try or attempt to achieve something. We should endeavour without qualification to ensure a more equitable gender balance. We should always try to do so, not just when it is practicable to try. The amendment seeks to delete the qualifier within the relevant subsection as it relates to an equitable gender balance on the commission. If accepted, it will ultimately make the provision in the subsection stronger.

Amendment No. 3 would insert a new subsection in section 9 requiring that when recommending to the Government persons for appointment as ordinary members of the commission, the PAS "shall have due regard to obligations under section 42 of the Irish Human Rights and Equality Act 2014 and the United Nations Convention on the Rights of Persons with Disabilities". We have complementary amendments that refer to the PAS having due regard to the Equal Status Acts when making appointments. The core of what we are trying to achieve is that when the PAS is making appointments, it needs to think about equality and its public sector duty and obligations in this regard. The electoral commission must be diverse and must properly reflect Irish society. If we do not make this provision, we will continue to have an inequitable political system. I urge the Minister of State to accept this relatively straightforward amendment.

Amendment No. 4 seeks to ensure greater diversity in the make-up of the proposed commission. We tabled a similar amendment on Committee Stage, which was defeated in a vote. This amendment aims to achieve the same outcome through a different means. The Bill currently provides that the PAS "shall have regard to the desirability of the members of the Commission possessing knowledge of, and experience in" electoral matters, electoral systems, public administration and governance, financial matters and advertising. It makes no reference to the desirability of members having experience in, or knowledge of, human rights and equality matters. As I stressed on Committee Stage, it is very important the electoral commission should be both reflective of, and have an understanding of, the diversity of Irish life and society.

First and foremost, we should endeavour to improve the representation of minorities and minority groups in the commission membership. We also must ensure, at a minimum, that the commission members have knowledge and understanding of the issues of inclusion and diversity. We need to engage more people from different walks of life in the electoral process and in politics more generally. If we are serious about challenging the imbalance that currently exists, having knowledge and understanding of diversity and inclusion at the level of the electoral commission must be a baseline. As I have noted previously, the commission will have a wide range of functions, including explaining referendums and electoral processes to the public and encouraging public participation in the electoral and democratic processes of the State. Persons with knowledge and understanding of disenfranchisement are best placed to provide advice in trying to address it. This amendment would seek to achieve that.

Amendment No. 9 provides that where the Minister is agreeing with the PAS the requirements relating to knowledge, ability and suitability for appointment as chief executive of the commission for the purposes of a selection competition under this section, he or she would have due regard "both to the desirability of the appointee possessing knowledge of, and experience in, electoral matters, and obligations as set out under section 42 of the Irish Human Rights and Equality Act 2014 and the United Nations Convention on the Rights of Persons with Disabilities".