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

I again thank Senators Higgins, Ruane, Flynn and Black for amendments Nos. 13, 21, 24, 35, 36 and 44, which all relate to the franchise for Seanad Éireann. Before I speak specifically to the amendments, I appreciate the level of debate, in particular the very passionate debate by Senator McDowell and others yesterday and by Senator Higgins today. I note that and I would say in response that we cannot be prescriptive about the piece of research the commission is going to carry out.

On the point by Senator Gavan about the lack of democracy here, that is not the case. Regardless of how Senators got here, they are representing the people. I see that in the level of debate that takes place here on a weekly basis. All of them do that very well. It should be noted that, regardless of the franchise, when Senators are here, they are representing all of the people of Ireland. That is something they all do very well and admirably, and it should be acknowledged.

I cannot speak specifically to the points that Senator O'Sullivan raised with regard to the six university seats. Again, that is another piece of research that could be carried out. However, it is not something I will address today.

Our primary objective here is to establish an electoral commission, which is a long-held objective. It is about the robustness and strength of our democracy that the commission is going to give great credence to. I note there was no agreement in the programme for government around Seanad reform, and the programme for government was negotiated by three political parties. That is not to say that Opposition and Government parties cannot continue to push for that during the lifetime of this Government.

Amendments Nos. 13, 21 and 24 propose to give an coimisiún new additional functions in reviewing and implementing the proposals of the Seanad reform implementation group and the Manning report, and reviewing the constituencies for Seanad Éireann, having regard to any alterations to the electoral franchise for a constituency of Seanad Éireann and the criteria by which the Taoiseach may nominate a person as a Member of Seanad Éireann. While I understand the motivation behind these amendments, I cannot accept them. As I outlined yesterday, the approach to the initial functions of an coimisiún toghcháin is balanced. It brings in established functions, which are relatively self-contained from the outset, as well as a significant suite of new functions – a new research, advisory and public education function, online political advertising and oversight of the electoral register. These initial functions will 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 a commission set up and running while at the same time making the preparations for the new additional functions to be transferred.

An coimisiún will be taking on a significant number of new and existing electoral functions from the outset. I am mindful of the need for an coimisiún to get established and to build up organisational capacity, and I do not intend to add to these functions at present. Furthermore, an coimisiún toghcháin will prepare research programmes, conduct research on electoral policy and procedure and provide advice, as required. An coimisiún's research programmes will be prepared in consultation with the Joint Committee on Housing, Local Government and Heritage annually, so Senators do have the opportunity to provide their input into an coimisiún's research priorities.

Amendment No. 35 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, to 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 the State, as well as the current electorate of serving Members of the Dáil, Members of the outgoing Seanad and serving members of local authorities. As I have indicated previously, this would mean that the Seanad would have a significantly wider franchise than that 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 also 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 of this Bill 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 am not accepting amendment No. 35. Amendment No. 36 requires the Minister to submit a report to the Houses of the Oireachtas within 12 months of the passing of this Act, outlining measures taken to reform the electoral franchise for the vocational panels and the university constituencies of the Seanad, as well as the criteria applied to the nomination of members of 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. With the establishment of an coimisiún toghcháin, we will have an independent statutory body which can make recommendations and provide advice on 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 principle set out in the Bill on research and advice on electoral matters and am therefore not in a position to accept the amendment.

Amendment No. 44 seeks to amend section 94 of the Bill to allow a registration authority to enter the name of a person on the pending elector 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 of the Bill provides for the pre-registration of 16 and 17 year-olds on a pending electors list, and for the inclusion of these persons on the register from when they turn 18. Currently, registration authorities do not manage the electoral register for Seanad Éireann elections. I note that this proposed amendment is framed on a conditional basis to provide for a situation where 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 and that would be the appropriate time for this type of arrangement or similar to be considered. Therefore, I cannot accept this amendment.