Joanna Tuffy (Dublin Mid West, Labour)
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Question 398: To ask the Minister for the Environment, Community and Local Government, in view of the report of the Joint Oireachtas Committee on the Constitution, published in July 2010, which recognised that legislation promoting female candidates as a condition of public funding might prove constitutionally frail, if he has held any discussions or received advice in this regard; and if he will make a statement on the matter. [15055/11]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 411: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the implementation of gender quotas by political parties for the selection of candidates will in practice mean that persons may, on the sole grounds of the gender they hold, be prevented from running for Dáil Éireann for a political party and that if legislation were to provide for such discrimination, such legislation would appear to conflict with Article 16(3) of the Constitution which states that no law shall be enacted placing any citizen under disability or incapacity for membership of Dáil Éireann on the ground of sex; and if he will make a statement on the matter. [15410/11]

Terence Flanagan (Dublin North East, Fine Gael)
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Question 423: To ask the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding women candidates; and if he will make a statement on the matter. [15539/11]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 424: To ask the Minister for the Environment, Community and Local Government if he has received advice as to whether his proposed legislation to link State funding of parties to the gender of candidates run by them would fall foul of the right of association under Article 40.6.1 of the Constitution as suggested by the fourth report of the Joint Oireachtas Committee on the Constitution; and if he will make a statement on the matter. [15655/11]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 425: To ask the Minister for the Environment, Community and Local Government, in view of a statement in the fourth report of the Joint Oireachtas Committee on the Constitution that any form of preferential funding of candidates using public money is [i]prima facie[/i] unconstitutional, how he proposes to ensure his proposed legislation linking party funding to the gender of candidates will be constitutional; and if he will make a statement on the matter. [15656/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 398, 411 and 423 to 425, inclusive, together.

On 8 June 2011, I published the General Scheme of the Electoral (Amendment) (Political Funding) Bill 2011. In line with the Government's commitment significantly to reform political funding in Ireland, this Bill will implement commitments in the Programme for Government and recommendations made in the Moriarty Tribunal Report Into Payments to Politicians and Related Matters. The Programme for Government contains a commitment that: "Public funding for political parties will be tied to the level of participation by women as candidates those parties achieve".

The General Scheme includes provision for a requirement that to qualify for full State funding under Part III of the Electoral Act 1997 a qualified political party will have to have at least 30% women candidates and at least 30% men candidates at the next General Election. This is to rise to 40% after seven years. Half of every payment to a qualified political party is to be made contingent on meeting these new requirements. The relevant draft Heads of the Bill to provide for these new arrangements are set out in Part 5 of the General Scheme, as published.

Section 18 of the Electoral Act 1997 specifies the purposes to which the funding provided to a qualified political party under Part III of the Act shall be used, and provides that payments shall not be applied to expenses incurred at an election. The funding is applied, inter alia , to the general conduct and management of the party's affairs and the lawful pursuit by it of any of its objectives.

I have received the advice of the Attorney General in respect of the provisions in Part 5 of the General Scheme of the Bill and I do not envisage constitutional difficulties arising.