Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis na Seanadóirí as a gcuid leasuithe. I thank the Senators for their amendments. I again thank Senator Malcolm Byrne and the other sponsors of the Bill for progressing it. I will address some of the remarks made. I want to focus my remarks directly on amendments Nos. 1 and 11 but, following on from what Senator Boyhan mentioned, it is worth reflecting on the issues the Bill attempts to address.

Senators will be aware that the Government did not oppose the Bill when it was discussed on Second Stage in this House, as recently as last October. At that time we highlighted the real importance of ensuring that the Bill covered all the main elements that would be expected in the legislative electoral code.My position has not changed in that regard since then. Senators will be acutely aware of the important judgment delivered by the Supreme Court on 31 March, since the debate on Second Stage, and Senators have referred to it. The case in question related to an action brought by a graduate of the University of Limerick, UL, seeking the extension of the voting rights at Seanad elections for the university panel to graduates of third level institutions other than Trinity College Dublin, TCD and the National University of Ireland, NUI. To speak directly to the Senator's point, there is no question about the court ruling but the Government and the Office of the Attorney General are engaging with the Supreme Court at the moment and we await its further response, which will be assessed by the Government.

The applicant claimed that by not extending voting rights to other graduates, the State had negelected to take account of the outcome of the referendum held on the issue back in 1979. In the recent judgment, the Supreme Court determined that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937 that provide for the election of Members of the Seanad by certain university graduates are unconstitutional because they are not consistent with Article 18.4.2° of the Constitution. The Supreme Court has suspended its declaration of invalidity on sections 6 and 7 of the 1937 Act - and therefore, the practical effect of the judgment it issued - until 31 July 2023, that is the end of this month. The court subsequently received submissions from both the appellant and the respondents on the issue of how long the suspension of the declaration of unconstitutionality might be extended for, to give the Oireachtas time to resolve the issue. The Government is committed to resolving the issue. The court has reserved judgment on the matter of the extension until 31 July 2023, at the latest. The requirement to extend voting rights to graduates of third level institutions other than the NUI and the University of Dublin has therefore been established following the Supreme Court judgment.

As I mentioned, the Government fully accepts that and I reassure Senators that the Government will not delay in responding to the judgment and will work with all stakeholders to ensure the Oireachtas can fully respond to it. I have kept my colleagues in the Government informed of the developments, as has the Attorney General. My Department and I, along with the Office of the Attorney General, are considering the judgment with a view to preparing options for consideration by the Government. I assure Senators that this work is progressing as a matter of priority.

I will turn to the specific amendments, Nos. 1 and 11, if I may. I thank Senators Ruane, Black and Flynn for proposing the amendments. Amendment No. 11 provides for the compilation and maintenance of the electoral register for the proposed extended franchise. It further proposes to give a central role to An Coimisiún Toghcháin, the newly established Electoral Commission, in maintaining the register of electors for the extended franchise. Amendment No. 1 is consequential to amendment No. 11. As Senators will be aware, the establishment of The Electoral Commission was one of the key electoral reform commitments set out in the Programme for Government: Our Shared Future. We have delivered on that commitment with the enactment of the Electoral Reform Act 2022.

I am pleased to provide an update that since its formal establishment in February of this year, An Coimisiún Toghcháin has been active in building its capacity and expertise. Led by a full seven member complement, it is chaired by Ms Justice Marie Baker. It is currently focused on reviewing the constituency boundaries for the Dáil and European elections and those reports are due to be published at the end of August. The coimisiún will have an important role in conducting research on electoral policy and procedure and will consult with the Oireachtas as required on its research programme. It will also run educational and information programmes to promote participation in electoral and democratic processes and electoral events. The coimisiún will also perform important functions in explaining the subject matter of proposals in referendums. It will promote public awareness of referendums and encourage the electorate to vote in electoral events. In summary, the commission will play a vital role in safeguarding our democracy.

I have outlined the main functions of the commission. It has an oversight role in respect of the register of electors that is compiled and maintained by local authorities. We have been looking to reform the electoral register and to ensure it is robust. As people will be aware, the register is open throughout the year now. We have moved away from the archaic practices of the past. Section 68 of the Electoral Reform Act 2022 assigned the commission responsibility for the oversight of the register of electors for the Dáil, presidential, European and local elections. This involves researching and considering the accuracy and completeness of the electoral register across registration authorities and activities undertaken by registration authorities in updating the electoral register. The commission's findings will be set out in an annual report, which will include an assessment of how well electoral registers are functioning and the commission's recommendations on how improvements could be made. It will be open to the commission to set standards for registration authorities and make recommendations to me, as the Minister, on legislative changes to the electoral registration process it feels may be required.

However, importantly, the commission was not assigned the role of compiling and maintaining the register of electors and I do not envisage that the commission will be assigned such a role in respect of the Seanad university franchise. For that reason, I do not support amendment No. 11 and the consequential amendment No. 1. However, I acknowledge - this is important - that the register of electors is an important element in any electoral code. I support the inclusion of relevant provisions in the Bill as it progresses. It requires careful further consideration. Finally, I note amendment No. 12 was disallowed and I am not sure whether amendment No. 11 can operate in isolation without it. That is another reason I cannot support amendment No. 11 at this point, but I acknowledge that the extension of the franchise, as the Supreme Court has ruled, will require further updating of the law and a clear look at how the register of electors for Seanad elections is maintained. We must ensure it is maintained in a robust and accurate way. I thank the Senators for tabling amendments Nos. 1 and 11 but I cannot support them.