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

Gabhaim buíochas leis an Seanadóir. As she outlined, amendment No. 3 proposes to amend the definition of “University Constituency” in section 1. The current definition is "University Constituency" and the "Universities Constituencies" means all graduates of universities in the State, and of institutions of Higher Education in the State, as determined by the Minister". I will deal with that in a moment. The amendment proposes to replace the phrase "as determined by the Minister" with "as provided for by law". Amendment No. 5 would make the same change to section 2. I understand the rationale behind the amendments and Members might give me a little time to explain. I do not support them as is, as I do not believe they are needed from a purely technical viewpoint. If we were providing for something by law then the Bill should simply set out the relevant provisions without the need to refer to the requirement to provide them in law.

I support the intention behind the amendments. If it is this Bill - and it may not be this Bill, for as I said earlier I am certain it will be a more comprehensive piece of legislation - then significant amendments would be required to ensure the full electoral code is spelled out in the Bill itself, rather than being left to regulations made by a Minister. The Government legislation we bring forward will have to have the electoral code clearly set out. The substantial elements of all our existing electoral codes are all provided for in primary legislation. I do not see why that would be different in instances to do with the Seanad. I support that broad approach. For the purposes of this Bill, I have given the rationale for not accepting these amendments as they are more than technical. These are ones we would have to think through to a much greater degree and detail what the electoral code is. I give a commitment that, from a Government perspective, when the comprehensive legislation is being drafted, the whole code will be spelled out in it.

It has been useful to have this legislation in the Seanad and to listen to Senator Ruane's views on it. While I welcome that and welcome the fact she is here and has taken the time to table amendments, there are a number of issues with this Bill that require more analysis and further consideration. I can outline them now if Members like. The Senator might prefer to respond and then I can come back in and give a broader view on other elements of the Bill.