Lynn Ruane (Independent) | Oireachtas source

Amendment No. 11 relates to amendments Nos. 14, 49 and 50, in that it is aimed at reviewing the Electoral Act 1997 as it relates to political funding. Amendment No. 14 specifically provides that the electoral commission has responsibility for undertaking a thorough review of the Electoral Act on its establishment.

Amendment No. 11 separately provides that progress of the review of the Electoral Acts would be reported in the commission's annual report until such a time that the review is complete. Therefore, amendments Nos. 11 and 14 are closely related and should be considered together. As I noted on Committee Stage proceedings, the Bill provides us with a once-in-a-generation opportunity to amend our electoral laws.

It also provides a rare and important opportunity to address and to clarify the existing definition of “political purposes”, which is contained in the Electoral Act 1997. The definition has created an anomaly between the regulation of the campaigns of politicians and normal, everyday advocacy and community-led campaigns that take place throughout the country. The Minister of State advised during the course of the Dáil debates on this Bill, as well as in the Committee Stage debate last week, that he would not accept amendments seeking to address this anomaly, given that the wholesale review of the Electoral Acts is proposed to be undertaken by the yet-to-be-established electoral commission, including the Act’s provisions regarding political funding and donations.

As I stressed in last week's debate, delaying this matter further by referring to the prospective electoral commission means further uncertainty for community groups, campaigns and civil society organisations. It could also mean that efforts to grow the philanthropic sector in Ireland would be hindered by the uncertainty regarding their legal position. If the Minister of State is not in a position to accept amendments Nos. 49 or 50, and he refers the issues relating to the definition of political purposes to the electoral commission, I ask him to consider specifying in the legislation that the commission shall be charged with undertaking this review, as well as to build in regular progress reviews to the annual reporting mechanisms of the commission until such a time that a review is complete.

Amendment No. 14, as I have noted, relates closely to amendment No. 11. I will not rehash the purpose of these amendments in any great detail, other than to stress how urgently the wider review of the Electoral Act is needed. This amendment aims to enshrine in the legislation that the proposed electoral commission will be charged with responsibility for the wholesale review of the Electoral Acts upon its establishment. While I acknowledge that the Minister of State is committed to this review being undertaken, I am concerned about this review being completed in the lifetime of this Government. Civil society has waited long enough for this change to be made. I am concerned that with the promise of the wider review, the critical issue will be put on the back burner again.