Seanad debates

Wednesday, 14 December 2022

Appointment of Ordinary Members of An Coimisiún Toghcháin: Motion

 

10:00 am

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this motion, which recommends the appointment of four ordinary members of the Electoral Commission, An Coimisiún Toghcháin. An Coimisiún Toghcháin will be a statutory, independent body and indeed, the motion before the House reflects an coimisiún's accountability to the Oireachtas. An coimisiún will take on a broad range of existing and new electoral functions. As a specialised body, it will bring about a more cohesive and efficient administration of electoral functions in Ireland. In line with international best practice, it will be independent of Government.

Its functions will include a new policy research and advisory function to advise the Government on electoral issues, oversee the electoral register and review the conduct of future electoral events. An coimisiún will have a new voter education and awareness function, expanding on the work which referendum commissions did so well. An coimisiún's work will aim to increase participation in, and awareness of, our political processes. It will take on several existing statutory electoral functions from other bodies, including the work of the Referendum Commission, the registrar of political parties, the constituency commission and the local electoral area boundaries committees. An coimisiún will also have responsibility for the regulation of online political advertising. To ensure our elections remain free from hidden influences on how we vote, an coimisiún will regulate the compulsory labelling of paid online political advertisements during electoral periods. This will help to ensure transparency in the run-up to elections and referendums.

Independence features strongly in the appointment process which the four nominees came through. The Electoral Reform Act 2022 outlines this process requiring that the Department engage with the Public Appointments Service to independently identify and recommend the best candidates. The Act sets out seven key criteria to which the Public Appointments Service had regard. These include electoral matters, the administration of electoral systems in Ireland and internationally, public administration and expertise in financial matters, expertise in ICT and its application in the context of elections and referendums, and advertising and publicity, particularly in respect of the digital aspects of a political campaign.

The selection process was advertised in October 2022 and 30 applications were received. The final interviews took place in late November and the names of four successful candidates were provided to the Minister, Deputy Darragh O'Brien. I am confident that the candidates selected by the Public Appointments Service will bring a broad range of skills, perspectives and experience to an coimisiún. Their experience takes in such areas as electoral matters, corporate governance, oversight, public administration and expertise in political campaigning. The Act requires that the Public Appointments Service strives to achieve a gender balance across the ordinary members and I am pleased this has been achieved.

An coimisiún will comprise seven members in total. In addition to the four ordinary members who are the subject of the motion, two ex officiomembers, namely, the Clerk of the Dáil and the Ombudsman, will also sit on an coimisiún. The holders of these senior public offices have for a long time been involved in the functions which an coimisiún is taking on, for example, constituency commissions and referendum commissions. An coimisiún will benefit from their experience, competence and integrity.

The chairperson of an coimisiún will be a serving or retired judge of the High Court, Supreme Court or Court of Appeal who is nominated by the Chief Justice and appointed by the President. This process is ongoing. The Judiciary traditionally has a strong association with electoral functions, with the chairpersons of previous constituency commissions and referendum commissions being a member of the superior courts. It is very welcome and appropriate that this association is continued in an coimisiún.

Returning to the motion before the House, and An Coimisiún Toghcháin's ordinary membership, the standard term of office for ordinary members of an coimisiún is four years, with one reappointment permitted. However, it is important that an coimisiún has a gradual turnover of its members. Accordingly, in line with section 11 of the Act, the Government is recommending that two of the candidates, namely, Ms Quinn and Mr. Curran, be appointed for four-year terms, while the two others, namely, Mr. Attwood and Professor Fennell, are recommended for three-year terms. Subject to the passing of the motion before us this afternoon, these appointments will be made by the President.

The road to the establishment of An Coimisiún Toghcháin has been long. I am greatly looking forward to the establishment of an coimisiún very early in the new year. It is more important now than ever that many of our electoral processes, which sit right at the heart of our democracy, are brought together in a single home with a broad focus, which is set up on a regulatory and advisory footing. The candidates I put before the House today are well placed to be at the core of an coimisiún and it is my privilege to recommend these candidates to the House for appointment.

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