asked the Minister for Local Government whether non-nationals are entitled to vote at general and/or local elections; further, whether, if their names are entered on the register of voters, there is any process for notifying them that this fact in itself does not entitle them to vote.
Ceisteanna—Questions. Oral Answers. - Non-Nationals and Franchise.
Under the Constitution, only citizens of Ireland are entitled to vote at a general election. Non-nationals may vote at a local election if qualified under the Representation of the People Act, 1918. There is no special procedure for notifying persons that the fact that their names are entered on the register of electors does not, of itself, entitle them to vote.
Is it not a fact that some people who have been on the register for as long as ten years were notified when the recent register was being compiled that their names would not appear on the register and that they had some appeal? Would the Minister say to what that regulation applies? These were English people resident here for ten years. Quite a number of them got a form saying that they were not qualified to be on the register.
Is the Deputy referring to the register for general elections or local elections?
The register.
If they are not Irish citizens they are not entitled to vote at a general election, but if they qualify under the Representation of the People Act, 1918, they are entitled to vote at local elections. That is the position.
I think Deputy Brady is correct. He is referring, I think, to a notification which was issued on the compilation of the present register to a number of people, some of whom had voted for many years previously in general elections. A notification was sent to them that it did not appear that they were entitled to be on the register but, as I understand the position, the returning officer was prepared to allow their names to appear on the register and to allow them voting facilities provided they were able to assure him of longstanding residence here. The question I want to put to the Minister is this: In view of the doubts which have arisen regarding the position of these people, notwithstanding the fact that they have voted earlier, would the Government consider introducing legislation to cover the point?
I would be afraid that, no matter what legislation is introduced, it would be ultra vires the Constitution. That is the position. The mere fact that these people voted in former years, if they were not citizens of Ireland, does not mean that they had a right to vote. If they were not citizens of Ireland, they had no right to vote and their voting in the past does not justify them voting now. Their past action does not justify them in procuring a vote in the future, unless they are citizens of Ireland. No matter what legislation we could introduce, it would be ultra vires the Constitution, I understand.
It is possible to amend the Constitution.
Is the Minister prepared to issue instructions to the county registrars that such people are not entitled to be put on the register, or does he know of any case where such a person has been refused the right to vote if he is included in the register?
I am not so aware. I cannot amend the Constitution. Neither can I issue directions to the registrars. They must construe the Constitution in the manner in which any other individual may construe it. If these people are not citizens, they are not entitled to vote at a general election. The mere fact that their names appear on the register will not entitle them to vote.
My point is this, that quite a number of official forms were issued recently, that is, when the register was recently being compiled, and what I want to find out is how these people were selected. A number of English people, who have been resident here for ten years, who have been on the register all during that period, were notified officially on this occasion that their names would not appear on the register.
Because they returned themselves as British citizens.
That was the result of the information they gave to the returning officer in the form they filled up.
That is my point. Is it that some of these people answered the question in one way and others answered it in another?
I am not in a position to say. I have not seen the answers.
The Minister sees my point?
I do.
That some English people have been deprived of the vote while others remain on the register?
If they are English people, not citizens of Ireland, they should not appear on the register.
Would the Minister issue instructions to returning officers that no non-national will be entitled to vote in any election, local government election or general election?
That is the law, subject to the exception of the people who qualify under the Representation of the People Act, 1918, which deals with local elections.