Niall Blaney (Fianna Fail)
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I move:

That Seanad Éireann, noting that the Government on 13th December, 2022, nominated Mr. John Curran, Ms. Maura Quinn, Mr. Alex Attwood and Professor Caroline Fennell for designation by the President to be ordinary members of An Coimisiún Toghcháin, recommends that, pursuant to section 9(9) of the Electoral Reform Act 2022, Mr. John Curran, Ms. Maura Quinn, Mr. Alex Attwood and Professor Caroline Fennell be designated by the President to be ordinary members of An Coimisiún Toghcháin.”

Peter Burke (Longford-Westmeath, Fine Gael)
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I welcome the opportunity to speak on this motion, which recommends the appointment of four ordinary members of the Electoral Commission, An Coimisiún Toghcháin. An Coimisiún Toghcháin will be a statutory, independent body and indeed, the motion before the House reflects an coimisiún's accountability to the Oireachtas. An coimisiún will take on a broad range of existing and new electoral functions. As a specialised body, it will bring about a more cohesive and efficient administration of electoral functions in Ireland. In line with international best practice, it will be independent of Government.

Its functions will include a new policy research and advisory function to advise the Government on electoral issues, oversee the electoral register and review the conduct of future electoral events. An coimisiún will have a new voter education and awareness function, expanding on the work which referendum commissions did so well. An coimisiún's work will aim to increase participation in, and awareness of, our political processes. It will take on several existing statutory electoral functions from other bodies, including the work of the Referendum Commission, the registrar of political parties, the constituency commission and the local electoral area boundaries committees. An coimisiún will also have responsibility for the regulation of online political advertising. To ensure our elections remain free from hidden influences on how we vote, an coimisiún will regulate the compulsory labelling of paid online political advertisements during electoral periods. This will help to ensure transparency in the run-up to elections and referendums.

Independence features strongly in the appointment process which the four nominees came through. The Electoral Reform Act 2022 outlines this process requiring that the Department engage with the Public Appointments Service to independently identify and recommend the best candidates. The Act sets out seven key criteria to which the Public Appointments Service had regard. These include electoral matters, the administration of electoral systems in Ireland and internationally, public administration and expertise in financial matters, expertise in ICT and its application in the context of elections and referendums, and advertising and publicity, particularly in respect of the digital aspects of a political campaign.

The selection process was advertised in October 2022 and 30 applications were received. The final interviews took place in late November and the names of four successful candidates were provided to the Minister, Deputy Darragh O'Brien. I am confident that the candidates selected by the Public Appointments Service will bring a broad range of skills, perspectives and experience to an coimisiún. Their experience takes in such areas as electoral matters, corporate governance, oversight, public administration and expertise in political campaigning. The Act requires that the Public Appointments Service strives to achieve a gender balance across the ordinary members and I am pleased this has been achieved.

An coimisiún will comprise seven members in total. In addition to the four ordinary members who are the subject of the motion, two ex officiomembers, namely, the Clerk of the Dáil and the Ombudsman, will also sit on an coimisiún. The holders of these senior public offices have for a long time been involved in the functions which an coimisiún is taking on, for example, constituency commissions and referendum commissions. An coimisiún will benefit from their experience, competence and integrity.

The chairperson of an coimisiún will be a serving or retired judge of the High Court, Supreme Court or Court of Appeal who is nominated by the Chief Justice and appointed by the President. This process is ongoing. The Judiciary traditionally has a strong association with electoral functions, with the chairpersons of previous constituency commissions and referendum commissions being a member of the superior courts. It is very welcome and appropriate that this association is continued in an coimisiún.

Returning to the motion before the House, and An Coimisiún Toghcháin's ordinary membership, the standard term of office for ordinary members of an coimisiún is four years, with one reappointment permitted. However, it is important that an coimisiún has a gradual turnover of its members. Accordingly, in line with section 11 of the Act, the Government is recommending that two of the candidates, namely, Ms Quinn and Mr. Curran, be appointed for four-year terms, while the two others, namely, Mr. Attwood and Professor Fennell, are recommended for three-year terms. Subject to the passing of the motion before us this afternoon, these appointments will be made by the President.

The road to the establishment of An Coimisiún Toghcháin has been long. I am greatly looking forward to the establishment of an coimisiún very early in the new year. It is more important now than ever that many of our electoral processes, which sit right at the heart of our democracy, are brought together in a single home with a broad focus, which is set up on a regulatory and advisory footing. The candidates I put before the House today are well placed to be at the core of an coimisiún and it is my privilege to recommend these candidates to the House for appointment.

Niall Blaney (Fianna Fail)
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Fianna Fáil supports this motion recommending the appointment of four candidates nominated by the Public Appointments Service to the board of An Coimisiún Toghcháin. An coimisiún is scheduled for establishment in early January 2023, which is welcome. It must be established as a matter of priority to facilitate the review of Dáil constituencies in line with our constitutional and legal requirements. Its necessity was made clear by the recent census and I hope it is commissioned as soon as possible with a view to bringing forward recommendations on those new and amended constituencies.

I welcome the gender balance in the appointments. I also welcome the Northern Irish representation on the commission. Many of us have advocated for the vote in presidential elections to be extended to all Thirty-two Counties on this island. Northern Irish representation is important and welcome.

It is also important that the new commission will take a close look at constituency boundaries, particularly with regard to counties that are broken up. It is important that representation in Dáil Éireann and Seanad Éireann, particularly the Dáil, is in line with local authority areas. I speak in particular of the areas I know best, which are Donegal, Sligo, Leitrim and Roscommon. Many people in those areas are not satisfied with representation being broken between county councils. That south Donegal can be represented by people who normally would be elected in a different boundary area that is not aligned with the local authority area is an unsatisfactory situation. I hope that will be an issue that the seven people who will sit on the board will be conscious of when they make new decisions in respect of boundaries in the future.The Electoral Reform Act requires the commission to conclude its work no later than three months following the publication of the final census. I believe the final census results are expected at the end of quarter 1 of 2023. The constituency review work is expected to be completed by summer 2023.

More broadly, the commission will be sensitive to the functioning of and public confidence in our electoral process. Our next scheduled electoral event, which is the local and European elections, will take place in summer 2024. It is vitally important that the commission is in place and gets to do its work, particularly with the new function relating to online political advertising and ensuring integrity of our electoral events, and, as such, protecting our democracy. The Electoral Reform Act provides a legal basis for significant electoral reforms in line with the commitments in the Programme for Government: Our Shared Future. It includes the establishment of an independent electoral commission and modernisation of our electoral registration process. It will deliver greater accessibility and improve integrity, including improved voting arrangements, for persons with mental health difficulties. That is particularly important work. It is too easy for our current system to be tampered with, particularly in the run-up to general elections when people apply online. It is not currently serving us well.

The regulation of online political advertising to provide for transparency in political advertising in the online sphere during electoral periods will support open political discourse in our democratic process in a way that will protect it from hidden influences. There are also commitments regarding integrity of elections, public health restrictions, political donations and island voting. The idea of having a vote on our islands on the same day as the inland vote is taking place needs to be welcomed.

I welcome the independent appointments of the four persons mentioned. I look forward to the work of the commission. The work it intends to do is needed, particularly at the moment, to ensure we have effective public representation in protecting our democracy and institutions. I commend the motion to the House.

Seán Kyne (Fine Gael)
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Cuirim fáilte roimh an Aire Stáit. Cuirim fáilte freisin roimh an ainmniú seo de cheathrar chuig An Coimisiún Toghcháin. Is coimisiún fíorthábhachtach é seo ó thaobh toghchán don todhchaí sa tír seo, agus tá sé neamhspleách freisin. I welcome the Minister of State. I welcome the progress in the establishment of the Electoral Commission and congratulate the four nominees, subject to the signature of the President. I know they initially expressed an interest, and it is important that people have an interest in serving on the Electoral Commission. They then succeeded in getting through interviews and were chosen. They have important work to do. It is the first Electoral Commission to be chaired by a serving or retired judge. That is an important point with regard to accountability and the respect that people have for the Judiciary.

The Electoral Commission's most important initial work will be with the boundary review. I would prefer if it had been established earlier and if it was further along in the process than it is. It has to be established, go through public consultation and engagement, and then it or the Minister will decide on the number of seats in the new Dáil. I am not sure who will make the decision. The commission will then determine the boundaries. From soundings, that is likely to happen next June or July and will be legislated for before the summer recess. That is important because in any role or job, people need to know where they stand. Electoral boundaries are important for any practising politician. They might not exercise the general public too much, but for serving politicians and people who want to be politicians, they are important. People are impacted and upset when counties are divided by new electoral boundaries. South Mayo is part of the Galway West constituency. A proposal to include south Mayo in the name of the constituency was turned down. People in south Mayo rightly feel they belong to Mayo and would rather it stayed in the county for electoral purposes. That may occur, subject to the next boundary review. It has happened in other places, including Carlow, Tipperary, Limerick, Clare, Leitrim, Donegal and even Westmeath. It is important that, where possible, the division of counties is limited.

The electoral register is another important issue. In some ways, this will become easier because the register can move to an online system and more people now have means to check the register and so on. Compilers used to physically go out to new estates, at least to some degree, and some local authorities were better at this than others. What role will local authorities have? In my engagement with Galway County Council, it is happy to pass the parcel to the Electoral Commission so that it will do the register and the local authority will not have to do it. If an estate has been built in the last two or three years, with 50, 60 or 70 houses in it, people will move in, with some being from the locality or others from a neighbouring town or county. By the time they organically decide to change their voting location on the register or to check the register, when they realise it is something they should do, it might be very close to the election. One might find that the residents of a new estate are totally disenfranchised in the subsequent election. The Electoral Commission and county or city council should engage with residents in new estates at an early opportunity. Once it is known that a new estate is occupied, they should get in there and ensure that a majority of people are registered. There will always be changes. People will move. I would be concerned if we are leaving new estates without an accurate register of their residents.

We have a proud history of referendums in this country. It is not always easy. An independent electoral commission has had to be established for every referendum, which is now a role for this Electoral Commission. It is important work. I congratulate the Minister of State on his involvement in this. I hope to see the boundary commission established as soon as possible.

Mark Wall (Labour)
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I welcome the Minister of State to the House for the debate on this important motion. I welcome this announcement, given its importance to our democratic process, as referred to by colleagues. The Labour Party will support the motion. It is five months since the Electoral Reform Act 2022 was passed but its four independent members are only being appointed today. Will the Minister of State inform the House if there is a reason for the delay in the nomination process and what happened in that interim period? We now have the names of the nominees in front of us. Will he also indicate what work has been completed in the period since July. I know much work needs to be completed. What work is intended to be done in the coming months? What are the timeframes? Colleagues have referred to a final report being concluded in June or July. Will the Minister of State confirm what he knows about that?

The four people nominated are Ms Quinn, Mr. Curran, Mr. Attwood and Professor Fennell, and I welcome their expertise and the gender balance. I know of no reason these individuals should not be nominated. I am aware of their expertise and how important that will be for the vital and important tasks they have ahead of them. This expertise will only assist in this important process. I wish them well in that work. They have an important job to do on behalf of the State.

I concur with colleagues who have raised the importance of maintaining county boundaries, where possible.I speak as someone who experienced this situation and was unable to vote in one election in 2016. The rules were changed again in the following election. This causes a great deal of strife and anger, particularly when the announcements are made after the event. I refer to situations where those voting are not aware that they will be voting in a different county. This causes problems, as other Members have already stated, concerning the boundaries of county councils, etc. Where possible, I know that the commission will look at this aspect because it does cause a lot of strife.

A question was asked about public consultation. I am not sure what public consultation can be undertaken concerning county boundaries, but people only finding out they are no longer voting in their own county on the day of the announcement of the report is not a good place to be. Public consultation prior to that would allow people to know that such a possibility was being discussed and this would mean a lot to many. It will allow them to be part of the process as well, which is also important.

As other Members have done, I also wish to mention this age of communications we are in now. Internationally, we have seen the effect online advertising has had on the democratic process. The commission has a body of work to do in this regard. It is important that it recognises what has happened in other jurisdictions. I am sure the commission will look at this context. Equally, the commission is responsible for increasing public participation in our electoral system. This is another part of its remit. Voter education is key to our election process, as is greater voter participation on election days. This is also important, and I am again asking whether there will be public consultation regarding voter registration and public participation on election days and if this is also part of the commission's remit. The Minister of State might confirm whether these aspects are included. It is safe to say that voter education is crucial to the democratic process here and it is vital to our democracy in future.

My other issue is that of the rolling register. I spoke to my local authority regarding this issue in recent weeks. As was also mentioned by one of my colleagues, panic sets in during the run-up to an election. I am not sure if these dates have been tied down or if the commission will be examining the deadlines set for people to register to allow them to have and exercise their democratic rights and vote on election days. I do not know if these dates are changing or if this aspect will be considered by the commission. It is important, however. Many people fail to vote and then panic that they do not have the ability to vote when it comes to a referendum or Dáil and local elections. The Minister of State might respond to confirm if this matter will be a part of the commission's remit.

I again welcome this important work and wish the four nominees well. I look forward to reading the report. The Minister of State might confirm when it is expected to be published.

Alice-Mary Higgins (Independent)
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I welcome the Minister of State. I join others in welcoming the nomination of the four new members of the commission. I congratulate them on being successful in achieving these nominations. They bring a good and diverse range of skills which will assist the work of the electoral commission. To highlight one question, I am aware that Professor Fennell brings a particular expertise in respect of gender, which is important in the work of encouraging wider engagement in our electoral system in the context of gender equality. She is one of the nominees who will potentially serve a three-year term. I flag this point because it may be an important aspect, following on, as it does, just a few years after Votáil 100 and when we are still trying to ensure that we have equity in participation among those standing in our electoral system. This would be useful in terms of the education of voters, as well as the wider education function of the commission, because there is something to be done here not just in terms of voters but also in encouraging candidacy and participation in our elections.

In addition, on an international level, I am extremely proud of our proportional representation system. I think it is one of the best electoral systems in the world. Ireland and Malta have this system operating. It has been adopted in some US states and it is a system being debated around the world now. Having a permanent electoral commission, therefore, that can explain and talk about our electoral system and the single transferable vote-proportional representation system internationally will be very useful.

Sadly, however, what I need to focus on for the rest of my time is what is missing. I refer to the large missing piece in respect of the mandate which these new members of the electoral commission will be taking up. We brought forward a proposal, a Bill on Seanad reform, at the very beginning of the last Oireachtas. We were asked to put that proposed legislation aside and, instead, to engage in a cross-party implementation group that would consider the Manning report. We agreed, through that process, with a Seanad reform Bill that was going to offer ways to expand and address the many inequalities that exist in respect of the electoral franchise for elections to the Seanad. We put aside our initial Private Members' Bill and we engaged in that cross-party process. We gave legislation to the then Taoiseach, and now Tánaiste, Deputy Varadkar, but no progress was made.

At the beginning of this Oireachtas and the Twenty-Sixth Seanad, we again brought forward proposals on Seanad reform. We were again told we did not need to progress them because all these issues were going to be addressed in the context of the electoral commission Bill and when that legislation came through, these functions would be absorbed and addressed through the electoral commission. It was incredibly disappointing, therefore, when the electoral commission was established with a massive, ostentatious gap when it came to the Seanad. The legislation refers to chapter 7 on boundaries relating to the Dáil and the European Parliament and chapter 8 concerning local authorities. We have the European Parliament, the Dáil and the local authorities included in the work of the electoral commission, but the Seanad, the second House of the Oireachtas, the one which has probably had the most controversy in respect of its electoral arrangements, the most issues raised in this regard and the most legislation on the Order Papers trying to address the problems existing terms of electoral representation, constituencies and the configuration in this regard, is ostentatiously missing from the mandate of electoral commission.

We brought forward and proposed amendments to include provisions on the Seanad. We brought forward specific proposals based on the proposals from the cross-party Seanad reform implementation group, on which sat the current Acting Chair and Senator McDowell, along with many others. We also tried to bring forward amendments to state that, under its policy and research remit, the electoral commission would be able to examine the Seanad, its electoral system and reform. We referred to the widest, simplest mandate to even look at the Seanad and even this was not agreed to. We have this electoral commission that leaves out a massive part of the elections in this State.

We must remind the Government that it did not win the referendum to abolish the Seanad. This House does still exist. In that context, it seems very odd that we have an electoral commission which does not look to the Seanad. I know it may not be within the remit of these new ordinary members of the commission to add topics as they wish, although I wish they did have this freedom. This is an issue that will, however, come back up repeatedly as an incredible omission at the time when we are doing something that I very much welcome, that is, to establish a permanent electoral commission in this State. I ask the Minister of State whether he can comment on the plans to review and widen the remit of the commission. This would be useful. I again congratulate the newly-nominated ordinary members of the electoral commission.

Jerry Buttimer (Fine Gael)
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I welcome the Minister of State to the House and thank him for bringing this information to us today. To be fair, Senator Higgins has made a telling contribution in this context, no matter what one's view is on Seanad reform or one's position regarding this House. I am anxious not to digress from the matter before us, but if we are to build upon the Taoiseach's contribution on this subject last Monday and his claim that he saved the Seanad, as the leader of the Government, and in the context of this proposal of the nomination of the four members of the electoral commission and its wider body of work, the omission of the Seanad from the terms of reference does, from a cursory glance, seem glaring.Maybe it is not. If it is not then the Minister of State will illuminate us and tell us. We look forward to having that debate at a later date. Building on last Monday if we are serious about reform of the Seanad, my position as Acting Cathaoirleach, as Senator Higgins knows, has not changed from when I was on that piece of work, the McDowell report. There is a legitimate role for the county councillors and Members of the parliamentary community in addition to extending and writing the franchise. How we arrive at that end game is what we can work on.

I welcome the appointment of the four members. The one who will gain the headlines will be former Deputy, John Curran, who is a very fine person and I have no issue with him. Also Alex Attwood who is a former politician in Northern Ireland. Professor Fennell in UCC is an extraordinary person and I wish all of them well in their role. The new Electoral Commission, if I am correct, will present new electoral boundaries to the Houses of the Oireachtas by next summer based on the census. The number of Members of the Lower House will then increase. I have been clear in my view that the Electoral Commission for its success is not going to be about its impartiality because it will be neutral and fair. It will not be that it does its work. It will be its failure to read and recognise the submissions made about the composition of the next Dáil electoral boundaries. We had the controversy this morning with the planning and development around the new An Bord Pleanála about community groups and residents’ associations. Equally the Electoral Commission could become potentially mired in controversy over its failure to acknowledge legitimate submissions by people across the board. I will give two references, the first of which will not surprise Members. We have disenfranchised thousands of people in Cork City who are living just by my left arm here in the Chamber and voting in a constituency with which they have no affinity or anything in common. It is not right that a person living in Bishopstown on the north side of Curraheen Road cannot vote as the people on the south side of Curraheen Road can do. That is not right. I am challenging the Electoral Commission today in this House to look at the way in which they draw the electoral constituencies in order to be fair to people and communities. I accept that proportionality must apply in order to meet the constitutional requirements. I understand that. However as a State we can be creative when we want to be in many different ways. The second example is in the context of the number of seats allocated to a constituency. It is five, four or three. One of the successes of the local election was the increase in the number of seats to six or seven in some cases.

I welcome the appointment of the four people, two of whom I know. They are excellent people. The four come with tremendous track records and I wish them well.

Fintan Warfield (Sinn Fein)
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I call Senator Boyhan.

Victor Boyhan (Independent)
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I welcome the Minister of State and commend him on this legislation. It was considered a great deal by the Oireachtas Committee on Housing, Local Government and Heritage, of which I am a member. We teased out many options. We heard from many people. The independence of the Electoral Commission is critically important. I have every confidence it will be independent. The Government has really tackled this. The days historically of gerrymandering constituencies and manoeuvering for political expedience and political favouritism are long over and about time. I am not suggesting that happened in recent times. It was way back. We have to instil and encourage confidence in our electoral system whether we are dealing with electoral matters, administration of electoral systems, the funding of them which is critically important and there has been much discussion about the funding and issues around it. This is important. I hold the view that we should centralise our system but that is not something that came through. It is going to be maintained in each of the local authorities. That was clearly decided as the best option. I commend the Minister. He engaged heavily with it. This is really important legislation. It is the beginning and we can work on it. I also commend him on the candidates which I believe are the best candidates. They have been chosen for skills and experience that they will bring to the job. I wish them well.

Fintan Warfield (Sinn Fein)
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If we have no other speakers I will take the opportunity from the Chair also to congratulate the selected members and to welcome the existence of the Electoral Commission. There is so much to do on electoral reform including widening the franchise for our younger people of 16 and 17 years of age and as Senator Kyne said making it easier for people to register to vote.

Eugene Murphy (Fianna Fail)
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I am not scheduled to speak but I know some of the people who have been appointed and I wish them well. They are incredible people and they have a job of work to do. That is all I want to say.

Peter Burke (Longford-Westmeath, Fine Gael)
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I thank Members for their contribution on the motion. I wish the nominees the very best on their appointment to the President. I will respond to a few concerns and statements by some of the Senators. In regard to the electoral register which Senator Kyne raised, the Act provides for the extensive modernisation of the electoral register. These provisions were commenced in October. Local authorities still have full responsibility in compiling the register. Obviously the Electoral Commission will oversee the register. That is a significant responsibility on their part. In regard to public consultation, it is at its core when the boundary commission sets about doing its work. It will be open to conduct a public consultation at that juncture. In the Act, three months after the final census figures, the report must be completed. Going on that trajectory we hope to have the new boundaries legislated for before summer. That is important as the Senators pointed out both for the electorate and people practising politics. Senator Wall raised a number of issues on the timelines on when the Act was brought through the House. I assure him that a transitional team, led by Art O'Leary, provided administrative preparations for An Coimisiún Toghcháin and its establishment. The work it carried out in the intermediate time was setting out and getting agreement on the commission's organisational structure, drafting the commission's internal governance documentation and procedures, putting in place an coimisiún's ICT structures and services including its website, working with the Office of Public Works, OPW, in respect of an coimisiún's office accommodation and agreeing an coimisiún's budget for 2023. As Members will be aware its budget is €5.7 million. They are working to get a chief executive at that juncture through the public appointments service. The competition for the ordinary members was advertised on 13 October. Interviews were concluded at the end of November and we are obviously now at this juncture where we have the four nominees before us. I anticipate that the chief executive selection process will be advertised in the coming days. Hopefully we will have a chief executive in place by quarter 2 of 2023. That puts more meat on the bones of the journey we have travelled since the Act was brought in.

Senators Blaney, Kyne and Buttimer raised the constituency boundary commission. The publication of the final results of the census will be in spring 2023. I look forward to continuing further. On Senator Buttimer's point, I reiterate that public consultation will be at its core. In regard to Senator Higgins' point the programme for Government set out the trajectory of the commission. The debate in regard to Seanad reform has been a permanent fixture in the Oireachtas for a significant period of time. In an advisory capacity the commission can make recommendations in that regard.I leave it to Senators, as Members of the House, to try to square that circle. It is a significant body of work that has been raised on a number of occasions.

I thank Senators for their time. I am delighted these nominees will now be brought to the President.