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

I find the level of debate and contributions to be consistently of a high standard here. My own experience of that important scrutiny element of the Seanad has been through the Historic and Archaeological Heritage Bill 2023, to which Senator Higgins brought forward quite a number of amendments, and many of which we have accepted. They have strengthened that Bill. I stress that is tangible proof of the value of this House in terms of its oversight and scrutiny roles, and being the Upper House.

We have established the commission, as Senator Cummins has said. It has been a long-held ambition of many Governments and we have done it. It will have a much broader function. It has the potential to transform our democracy - it is what we have been debating here this evening - in terms of education and awareness and in terms of that research function, tackling disinformation and electoral advertising. There are all of these elements to it. When we were moving the legislation, I was clear that we want to build its capacity. We wanted a big-bang approach to it. We wanted to try to build its capacity over time. It is moving along well in terms of staffing and those research elements and the additional elements.

Obviously, the initial task around the electoral boundaries triggered by the census is the most critical. It will exercise us all over the next number of months and, indeed, years.

I take on board the points made by Senator McDowell on the commitments around reform. It is not in the programme for Government but we have made commitments here. The Supreme Court case has now triggered action. I acknowledge that we have made commitments here that, in the Senator's view, we have not followed through on.

I will speak to the issue around public transport. All of these are innovative measures and it is good to have the debate around them.

Senator Black raised the issue of a public holiday. People might go off and use the public holiday as a holiday. These are important issues for us to debate collectively. Down the line, the commission will be accountable to the Houses of the Oireachtas and setting a programme for its research function is something we all will have a role in. I would hope that all Senators would play an active part in that.

I will speak specifically to the issue of young people voting. I am on record as being of the view that we should reduce the voting age but that is my own personally-held view. I have met the national youth council, the ISSU, and, most recently, Youth Work Ireland out on the streets here after that Buswells briefing. I think it could strengthen our democracy and increase participation. It could transform how we campaign and what we campaign on. We are in a climate and biodiversity crisis and young people need to have an active role in that. They do, through other fora such as Comhairle na nÓg. To be part of our democratic process, we held a children and young people's citizens' assembly on biodiversity for young people to have a voice in that as well. The experience, from what I see, has been positive in other jurisdictions. It is critically important that we are able to make an informed decision on that.

The Government has decided to oppose the Bill at Second Stage reading. While the Bill is being brought with the best of intentions of improving our electoral system, the Government holds the same view on proposals in this Bill as it did during the passage of the Electoral Reform Bill 2022 through the Houses of the Oireachtas last year.

I will address the main provisions of the Bill, section by section.

Section 3 of the Bill makes legislative provision for the Clerk of Seanad Éireann being a member of An Coimisiún Toghcháin. On Committee Stage of the Electoral Reform Bill 2022 in the Seanad, I opposed an amendment similar to this on the grounds of there being a potential of conflict of interest for the Clerk of the Seanad being both the Returning Officer for the Seanad elections and a member of the commission, given the commission's remit, and reporting on the administration of electoral events, including Seanad elections, and I remain of this view.

Section 4 of the Bill provides new functions for An Coimisiún Toghcháin, namely, to review Seanad Éireann's electoral system and electoral franchise. On Committee Stage of the Electoral Reform Bill 2022 in the Seanad, I opposed an amendment with similar provisions. That amendment proposed reviewing and implementing proposals of the Seanad reform implementation group and the Manning report and reviewing the constituencies for Seanad Éireann. I opposed it on the grounds that the initial functions of An Coimisiún Toghcháin give it solid foundation and will allow it to build up its organisational and operational capacity gradually. I remain mindful of the need for an coimisiún to get established and build up its organisational capacity and do not intend to add to these functions at the present time. Furthermore, Seanad reform does not feature in the Programme for Government: Our Shared Future. That remains the case, notwithstanding the valid points raised by Senator McDowell.

I would like to use the opportunity to update the House on a relevant Supreme Court case relating to the election of university Senators. On 31 March 2023, the Supreme Court delivered its judgment in the Heneghan case. The case related to an action brought by a graduate of the University of Limerick seeking an extension of voting rights at Seanad university Members' elections to graduates of third-level institutions other than those of Trinity College and the National University of Ireland colleges. The applicant had claimed that by not doing so, the State has neglected to take account of the outcome of the referendum held on the issue in 1979.

In its recent judgment, the Supreme Court determined that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937, which provides for the election of Members of the Seanad by certain university graduates, are unconstitutional. It declared them unconstitutional because they are not consistent with Article 18.4.2° of the Constitution. The Supreme Court has, in the first instance, suspended its declaration of invalidity and, therefore, the practical effect of the judgment until 31 July 2023.

In order to fully respond to the Supreme Court judgment, my Department and I are currently considering the judgment with a view to preparing options for consideration by Government. This work is being progressed as a matter of priority and urgency.

Section 5 of the Bill marks a legislative provision for An Coimisiún Toghcháin's functions to include as part of its research programmes research into voting age and potential changes to such voting age for participating in elections in the State. I welcome members of the ISSU and National Youth Council of Ireland representatives here in the Public Gallery this evening. On Committee Stage of the Electoral Reform Bill 2022 in the Seanad last year, I opposed the amendment with a similar provision to this. I am opposed to legislating to require the commission to carry out specific research areas. However, I stated that I will be requesting the commission to perform particular research projects, including consideration of the Scottish experience of lowering the voting age to 16. This request will support the programme for Government commitment in this area. I am conscious that is a timely piece of research that has to be carried out, given that we have local and European elections next year.

On the broader point about the areas of research undertaken by An Coimisiún Toghcháin, I remind Senators that there is nothing to prevent An Coimisiún Toghcháin from conducting research into or advising either the Minister or Government on electoral policy or procedures.In preparing an annual research programme, the commission must consult with the Oireachtas Joint Committee on Housing, Local Government and Heritage. I encourage Senators who are members of that committee to engage with the Commission when the opportunities arise on areas they feel it should examine. The proposed amendment of the definition of political purposes in the Electoral Act 1997 as set out in section 6 of this Bill is similar to that contained in another Private Members' Bill - the Electoral (Civil Society Freedom) (Amendment) Bill 2019. I acknowledge again the concerns raised by a number of civil society groups on the wide ranging definition of political purposes, as set out in the Act. I know the Standards in Public Office Commission has also raised concerns about the definition. As I said during debates on the electoral reform Bill, and on the Electoral (Civil Society Freedom) (Amendment) Bill 2019, the Government is committed to requesting a comprehensive review of the Electoral Act 1997 by An Coimisiún Toghcháin. This is with a view to making recommendations to address, among other matters, the concerns raised by civil society about the definition. I note again the challenges raised by Senator Ruane. I intend to request this from the Commission shortly.

Section 7 of the Bill provides for free public transport on polling day. There are a couple of points to make in opposition to this proposal, on the grounds of access to polling stations or postal voting facilitates voting. First, the electoral code already contains provisions designed to ensure voters have a polling station located in a convenient place for them to attend. Part 4 of the Electoral Act 1992 requires each county or city council, while in consultation with the returning officer for Dáil elections, to make a scheme dividing the county or city into polling districts, and to appoint a polling place for each polling district. Second, electoral law provides that postal voting is provided for in respect of a number of categories. Among those categories are full-time students registered at their home but living elsewhere while attending an educational institution in the State. The law, therefore, does facilitate access to polling. Third, the programme for Government, Our Shared Future, contains a commitment to mandate An Coimisiún Toghcháin to examine the use of postal voting with a view to expanding its provision. In light of these provisions I have no plans to amend the electoral law by way of the proposed Bill. I reiterate that the option is there to ask the Commission to carry out research into how public transport has worked in other jurisdictions on voting days.

In conclusion, while I have no doubt the Bill is motivated by the best of intentions, Government opposes it as we remain of the view that the remit and framework of An Coimisiún Toghcháin, provided through the Electoral Reform Act 2022, enables it to research important areas like minimum voting age, postal voting and the Electoral Act 1997. In addition, Government will be responding comprehensively to the recent Supreme Court judgment on the issues of the franchise for electing university Senators. Much of this Bill relates to An Coimisiún Toghcháin, and I would like to conclude by updating the House on the Commission's progress in commencing its important work. An Coimisiún Toghcháin was formally established on 9 February 2023 by way of the Electoral Reform Act 2022 (Establishment Day) Order 2023, and is now operational. Its board has a full complement of seven members, chaired by the honourable Mrs. Justice Marie Baker. An Coimisiún is currently building its capacity and expertise. It is currently reviewing the Dáil and European Parliament constituency boundaries, which is a hugely important piece of work. It will have an important role in conducting research on electoral policy and procedure, and running educational information programmes to promote participation in electoral and democratic processes and electoral events. I remind the Senators that is what we are trying to achieve collectively in this debate. I think it will prove really valuable over time when the commission builds up that capacity on the education, awareness and research elements of it. I find it quite exciting that it has this capacity, and we want to build up that in the coming years. That is hugely important. The commission will also perform important functions in the areas of explaining the subject matter of proposals and referendums. It will promote public awareness of referendums and encourage the electorate to vote in these electoral events. The commission will play a vital role in safeguarding our democracy. We will most likely have referendums scheduled later this year. There are a number scheduled in the programme for Government. We will be progressing those. I thank all of the Senators again for their contributions. I thank the Senators for bringing forward the Bill this evening. It has been a valuable debate and has contributed greatly to our ongoing discourse and we look forward to that continuing.