Seanad debates

Wednesday, 10 May 2023

Electoral Reform (Amendment) and Electoral (Amendment) Bill 2023: Second Stage

 

10:30 am

Photo of Lisa ChambersLisa Chambers (Fianna Fail) | Oireachtas source

I welcome the Minister of State to the Chamber and thank the Civil Engagement Group for facilitating this debate and for using its Private Members' time to allow us to debate this legislation. As per the recommendations of the Minister for Housing, Local Government and Heritage, Fianna Fáil will be opposing the Bill today for the following reasons. The Clerk of the Seanad being a member of the commission will create a potential conflict of interest for the Clerk in being both the returning officer for Seanad elections and a member of the commission, as its remit includes reporting on the administration of electoral events, including Seanad elections. Seanad reform does not feature in the programme for Government, Our Shared Future, and requires further discussion by the Government. It would not be appropriate for legislation to specify the commission's research remit and determine its annual research programme in consultation with the relevant joint Oireachtas committees. Also, assessing polling stations for electoral events is unproblematic for the majority of the public. In light of the provisions in the electoral law around the appointment of polling districts, places and voting, the Minister does not have plans to amend electoral law in the way proposed by the Bill being debated today.

I acknowledge the recent Supreme Court decision and the work that is now under way following the finding that the franchise for the Seanad elections is unconstitutional. The Minister is working on it, and it is a top priority. It will require further discussion by the three Government parties to find a way forward, and proposals will be brought to this House and the Oireachtas in due course. It is something that the Minister has committed to doing, and will do so in a timely fashion. We are working to a particular timeline on it, as per the court's decision. I also acknowledge the implications of the law on civil society groups in terms of political activity and its definition, and I agree that it was not the intended purpose of the Act to bring that into its remit. The Minister has acknowledged the challenges in that regard and is working to address them. I agree and concur with the remarks of Senator Ruane, in particular, that it is good that we have restrictions on spending in terms of political activity and the electoral process, but we must ensure it is done in the right way so as not to hamper genuine advocacy and those groups coming together to advocate to improve the lives of citizens and our communities in Ireland.

It is an important debate to have. Senator Higgins went through the many debates we have had on this issue, the multiple pieces of legislation that have come before this House and the reports that have been gathering dust for quite some time. I agree that we are coming to the end of the road in terms of not acting on it, and I think the Senators will see genuine progress on this particular issue. There may not be full agreement on how to progress it, but I think, across the House, we all agree that Seanad reform is essential and it is something that has to happen. There is a Bill from my own party, from Senator Malcolm Byrne, that Senators will be aware of. It is an issue that we have discussed actively in our own party. We have discussed how best to give effect to that referendum, and also to ensure that the Seanad of today is a Seanad that is fit for purpose and serves all of the people, and that every citizen has a say. That is ultimately what we want to achieve.

I think that despite some of those challenges, the Seanad works very well and does very important work. It performs an important legislative function and an important scrutiny function. There is no better House than this one to have a proper debate and scrutinise legislation coming from the various Government Departments. I think every Minister will say that they need to have their homework done when they come into this House and be prepared, because they know that they will be tested and asked relevant questions from all sides of the House. The work that is done here is very important. That is why the public chose to retain the Seanad in the referendum in 2013. I campaigned to retain the Seanad. I passionately believed in the role of the Upper House, and in its function in terms of holding government to account in ensuring checks and balances. In a very basic way, I did not like the suggestion that we should concentrate more power in the hands of fewer people. That is why we have a second Chamber. It serves all of us well and it has done fantastic work since its inception. I have no doubt that when reform does take place, which I think will happen very soon, it will continue to perform an extremely important function in public and political life in this country. Certainly, in the extension of the franchise, in whatever way we choose to have the electoral process for the Seanad, I think it is important we are not trying to replicate Dáil Éireann. We want to maintain Seanad Éireann. It should be a different House. It has a slightly different purpose, but a very important function. We are not trying to have two Chambers that are the same, so it is important that the process reflects that.

I thank the Minister of State for coming to the House. It is good to have the debate in this House. It shows that we are very much aware of the need for reform and change.

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