Lynn Ruane (Independent) | Oireachtas source

I welcome the Minister of State. I second the Bill. I thank Senator Higgins and our colleagues in the Civil Engagement Group and also the staff in our office for their work in developing this legislation. The Bill interestingly captures much of the work the Civil Engagement Group has strived to undertake on electoral reform since the group's inception. Much of the debate today will be familiar to our colleagues in the Seanad and the Minister of State.

The reason we tabled an omnibus Bill is that despite considerable effort and constructive engagement over the course of this and the previous Oireachtas, we have still not seen the change we wish to see with regard to electoral reform. The urgency for reform remains as great as it ever has been. We hope that by introducing this Bill, we can realise this urgency and initiate processes to act on it.

Section 5 specifies that research on the voting age would be included in the Electoral Commission's statutory research functions through the amendment of section 65 of the Electoral Reform Act 2022. I welcome Paul from the National Youth Council of Ireland to the Gallery and also Maeve and Leo from the Irish Second–Level Students' Union, ISSU, who will be very familiar with this part of the work. As my colleagues and the Minister of State will be aware, this is an issue to which I have devoted much time throughout my time in the Oireachtas. I also acknowledge the work of other colleagues in this area, namely, Senator Warfield. I strongly believe the voices and perspectives of our young people need to be heard within the democratic process. They are some of the most impacted by political decision-making, particularly if we think about the medium- and long-term consequences of changes in policy and legislation in Ireland. Currently, however, the reality is that young people are often paid lip service by public representatives. Both the Joint Committee on the Constitution in 2010 and the Convention on the Constitution in 2013 recommended reducing the voting age to 17 and 16 years of age, respectively. It is clear there is a mandate for change, but the Government still has not initiated the process it has itself committed to in this area. During the debate on the Electoral Reform Act last summer, the Minister of State reiterated the programme for Government commitment that research on the Scottish experience of reducing the voting age to 17 would be undertaken. To our knowledge, this has not commenced. If we are serious about engaging young people in the democratic process, we must make sure they know it is a forum in which their contributions are welcomed and valued.

Section 6 seeks to amend the definition of "political purposes" in the Electoral Act 1997, as amended. The primary issue with the definition of "political purposes" as set out in the Act is that it restricts the ability of community and voluntary organisations to fundraise effectively. The current definition of "political purposes" brings civil society organisations within the strict rules set out for donations received for political purposes under the Electoral Acts. This means that civil society organisations are prevented from accepting donations of €100 or more to assist them in seeking social change. The anomaly is a consequence of the extension of the Electoral Act 1997 by amendment in 2001 to include donations received by third parties for political purposes. It has forced our electoral regulator, the Standards in Public Office Commission, SIPO, to treat donations greater than €100 received by community and civil society groups as if they were donations to political campaigning and to pursue any non-compliance accordingly. The work needed for civil society organisations to comply with such standards has damaged their capacity to advocate and has interfered with their right to freedom of association as a result. In its 2003 annual report, SIPO pointed to this issue, stating,"it doubted that it was the intention of the legislature that such bodies, in conducting their ordinary affairs, could find themselves covered by the legislation."SIPO must apply the law as is written, not as it may have been intended to be interpreted. As the Minister of State and my colleagues will recall, I introduced a stand-alone Bill to try to remedy this issue in 2019. I developed the Bill following significant engagement with civil society organisations, CSOs, and The Coalition for Civil Society Freedom. These organisations each possess a wide range of experience, amassed over more than 20 years, of the chilling effect of the ambiguous definition of "political purposes" in the Acts. People who do not want the definition to be changed often argue that funded advocacy by CSOs can play a disproportionate role in influencing public discourse, but this position is based on a number of false assumptions. According to the Irish Council for Civil Liberties, ICCL, these include misconceptions about the interaction of the advocacy of CSOs with the role of other actors in public discourse, including the media and elected representatives; and misunderstandings about how the regulation of donations relates to other regulatory and transparency requirements. While we, as a group, are strongly in favour of tight controls on third-party and political spending in the context of electoral events, there is no evidence to suggest that large-scale CSO spending had an undue influence on public discourse before the ban on funding for political purposes was introduced. It is incorrect to conflate this issue with civil society fundraising for day-to-day advocacy work outside of electoral periods, which is a cornerstone of a functioning democracy and an integral component of the right to freedom of association.

In section 6 of this Bill, we are seeking to amend section 22 of the Electoral Act 1997 so that it will apply to civil society advocacy during an election or referendum period, which was likely the Oireachtas's original intention in 2001. The wording of the section closely mirrors the wording of my Electoral (Civil Society Freedom) (Amendment) Bill 2019, and the amendments tabled by me and Senator Higgins during the passing of the Electoral Reform Act. During the course of the debate on the Act, the Minister of State advised that the Electoral Commission would undertake a wholesale review of electoral Acts, including the Acts' provisions regarding political funding and donations, but this review has not yet been initiated. Delaying this matter further by referring it to the Electoral Commission has meant further uncertainty for community groups, campaign groups and civil society organisations in their work. The anomaly has and will continue to have a chilling effect on civil society until such time as the law is amended.

Section 7 of the Bill seeks to provide a legislative basis for the provision of free public transport on election and referendum days. My colleagues, Senators Flynn and Black, will speak to the importance of this provision in their own contributions. It stands to remove a significant barrier to democratic participation for persons with disabilities, people on low incomes and those living in isolated areas.

Section 8 simply contains the Short Title and the commencement of the Bill.

In conclusion, this Bill has the potential to bring a number of important and positive reforms to Irish electoral law to ultimately facilitate greater engagement in the democratic process by a greater number and variety of people. I look forward to the Minister of State's reply.