Seanad debates

Tuesday, 7 November 2023

Electoral (Amendment) (Voting at 16) Bill 2021: Second Stage

 

1:00 pm

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

I thank Senators Malcolm Byrne, Fitzpatrick and McGreehan for their work in bringing forward this Bill. I might reflect back on some of the contributions before I go to the scripted reply, if that is okay. A number of comments were made by Senators Craughwell and Boyhan about their involvement in activism from a very early age. Certainly, my own path into activism began at a very young age of 14 or 15, joining Campaign for Nuclear Disarmament, CND, marches. There was no social media back in those days so we were informed by punk music and all sorts of other things. It is a path that kept me in activism and participation in democratic processes and eventually politics, and it has been important to me in my life. For the young people present this evening, we are talking about activism and participation, which are critical. There are other paths. I will speak specifically to the Bill shortly.

Comhairle na nÓg are here. I was involved in Comhairle na nÓg for ten years in my county council in Kilkenny and similarly with the National Youth Council of Ireland. There are many routes and opportunities for young people to participate in decision-making and to be involved in changes in policy. Last year I established the Children and Young People's Assembly on Biodiversity Loss, the first of its kind in the world. That was a deliberative process that involved children and young people. We met them recently in Airfield and the outputs of their work have gone on to inform the national biodiversity action plan, which is hugely important. Senator Martin mentioned the idea of some commission on youth participation. Certainly as a template for young people being involved in deliberative processes, it was fantastic.

Comments were made by Senator McDowell. I appreciate that he is opposed to the Bill. However, to equate issues of making decisions around harmful activities is really not a good comparison with what is a positive action young people can take, namely, participation in our democracy. Similarly, in terms of undermining childhood and future generations, their futures have already been compromised by our generation's inaction on climate and biodiversity. It is important to state that as well. I appreciate the Senator's views on that and similarly those of Senator Mullen. We are trying to take those views on board this evening. It is critically important we do so. There is certainly nothing cynical in this, as Senator Warfield has said. We are trying to reach an informed decision that involves young people in the decision-making process, to ensure we come to the right conclusion for an Irish context and for Irish democracy in general. I really do appreciate the comments of all the Senators as well as the work of Senator Byrne and his colleagues in bringing forward the Bill.

Voting is central to our democracy, and the laws around voting and eligibility to vote should always be taken seriously. We must be open to new ideas but we must also tread carefully when examining change. We have discussed that at length this evening. Senators will recall we had a very extensive discussion on reducing the voting age when the Electoral Reform Bill 2022 was before the House last year, and today provides a good opportunity to further hear the views of Senators and for me to provide an update to the House. My personally held view is that I would like to see the voting age reduced - absolutely. That has long been my personal view.

The Bill before us seeks to lower the minimum voting age for some but not all electoral events. At present, a person must be aged 18 or over to be eligible to vote in any electoral event, be it a general election, presidential election, local election, European Parliament election or referendum. Article 16 of the Constitution states that those who have reached the age of 18 shall have the right to vote at an election for members of Dáil Éireann. Article 12, relating to the President, and Article 47, relating to referendums, state that citizens eligible to vote in Dáil elections are eligible to vote in such polls. Therefore, to change the minimum voting age for all electoral events, such a proposal would have to be approved by the majority of voters in a referendum.

We need to give careful consideration to a proposal that would see the lowering of the voting age for some but not all electoral events. The issue should be examined in detail and within an Irish context. The programme for Government, Our Shared Future, contains a commitment to examine the Scottish experience of reducing the minimum voting age in order to draw conclusions. Senators will recall that when the Electoral Reform Bill was being debated in this House last year, I gave a commitment that we would task An Coimisiún Toghcháin, the Electoral Commission, with examining the issue of reducing the voting age. I happy to say that in July, my colleague, the Minister, Deputy O’Brien, wrote to the chair of An Coimisiún Toghcháin asking the commission to include this issue in its first research programme. It is for this reason the Government has proposed the amendment to the motion to defer Second Stage. It will give time to the Electoral Commission to consider the issue.

In political, civic and academic circles in Ireland, the issue of lowering the minimum voting age has been debated for a number of years. The debate has happened within the context of change in other countries, including in neighbouring Scotland, where those aged 16 and over can vote in Scottish Parliament and local elections. They were also allowed to vote in the 2014 referendum on independence. In 2007, Austria legislated to allow 16-year-olds vote in all types of elections. In 2018, Malta lowered its minimum voting age for all elections from 18 to 16. In Greece, the minimum voting age is 17. For European Parliament elections, one of the two elections that would have its minimum voting age changed if this Bill were passed, a number of countries have lowered the minimum voting age in recent times. Belgium adopted a law in 2022 to allow 16 and 17 year old Belgians and other EU nationals resident in Belgium to vote in European Parliament elections.

Germany adopted a law this year that lowered the minimum voting age in European Parliament elections from 18 to 16. However, in 22 of the EU’s 27 member states, the minimum voting age for European Parliament elections remains 18.

Here in Ireland, the issue of lowering the minimum voting age to 17 was debated by the Convention on the Constitution in 2013. At that time, a slim majority of the assembled citizens and parliamentarians, 52%, favoured reducing the minimum voting age for all elections. If the minimum voting age were to be changed, 48%of participants supported lowering the age to 16, compared with 39% who favoured lowering the age to 17.

Interestingly, a sizeable majority, 68% of participants, opposed lowering the minimum voting age for some types of elections but not all. Of the participants, 28 of them supported lowering it for some electoral events but not all.

Among the arguments used for lowering the minimum voting age are the fact that people of 16 and 17 enjoy other legal rights; that by lowering the minimum voting age one engages people with the democratic process earlier, which in turn can increase electoral participation; that initial political engagement is best placed happening within the stable environment of schooling rather than during college years, when there is great change in people’s lives, and that the increased civic education of young people through the school curriculum prepares people at an earlier age than previously for engagement with the political process. This has been referenced by some Senators.

Among the arguments used for maintaining the current age of 18 are that 16 or 17 year olds may not be mature enough to make decisions on who should represent them or govern them; that lowering the minimum voting age to 16 or 17 is an arbitrary decision about when young people are ready to vote; and that maturity is a process rather than something someone obtains at a certain age. Telling 16 or 17 year olds that they have a responsibility or duty to vote is viewed by some as an additional expectation on teenagers who are still in that process of maturing, and that it is not a panacea for lower turnout rates among younger people than among other age cohorts. Senator Cummins raised this point as well. There is a broader societal challenge and a role for An Coimisiún Toghcháin in education and awareness and increasing voter participation.

Whatever the different views on the issue, I would suggest that we are better placed to have this debate now than we were ten years ago when the Convention on the Constitution deliberated. We now have an electoral commission, thanks to the reforming agenda this Government has implemented, which is well placed to look at issues like this, that are complex, nuanced and where there are international comparisons. Having an independent State body dedicated to electoral matters will enhance our deliberations and decisions.

More time has passed since certain countries such as Scotland and Austria lowered the minimum voting age. Lessons from their experiences can inform any decisions. Civic education in Ireland has increased and expanded. Leaving certificate students can study politics and society, something they could not do ten years ago. Learnings from the education system's experience in teaching secondary school students matters relating to citizenship, politics, democracy and related areas might be beneficial. I have met many classes around the country studying politics and society. They are incredibly well-informed young people. It is important we get this decision right and do so with all the facts.

Separately but related, I would like to remind the House - and it has been mentioned by some Senators - of one of the reforms in the area of voting by young people that we introduced last year through the Electoral Reform Act 2022. People of 16 and 17 years can now pre-register to be included on the pending elector list so that their registration details are automatically added to the register of electors when they reach 18. This is transformative and hugely important. It will help people to engage with democracy and politics at an early age.

As we all know, next year will be a busy electoral year. In June, we will have local and European Parliament elections. We may well have referendums next year also and hopefully not a general election. I encourage all young people from the age of 16 upwards who have not registered to vote to do so.

I ask civic groups and organisations working with young people to encourage them to participate. Public participation is the lifeblood of a democracy. We must do all we can to encourage new generations to appreciate this, to keep our democracy healthy and strong. I would like to highlight the role that An Coimisiún Toghcháin can play. The Electoral Reform Act 2022 gives the commission a broad public education role, working to promote public awareness of, and increased public participation in, the State’s electoral and democratic processes via information and education campaigns. This element of the commission's work can help to encourage young people to engage with our electoral processes. We really want to ensure that in its education and awareness work, the commission is successful. This is a broader issue of attracting people into politics as well. There is also the issue of encouraging minorities to participate and stand for election. This is hugely significant in order that our democratic institutions, our council chambers, the Dáil and Seanad Chambers are populated by people who reflect modern Ireland. This is something we all want to achieve.

I thank Senator Byrne for bringing forward this Bill, which I have no doubt will help generate a positive debate on what the minimum voting age in Ireland should be. The debate is an important one. A decision in this area requires considered research and analysis before it can be made. I hope that the report from the commission will be furnished at a time for us to make a well-informed decision and to move, if necessary, ahead of the local elections in 2024 if primary legislation is required and decisions are made to move forward with reducing the voting age. It is critically important that we allow the commission to complete its research work.

I thank the Senators for their participation this evening.

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