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Dáil Éireann debate -
Friday, 14 Dec 1990

Vol. 403 No. 11

Electoral (Amendment) Bill, 1990: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

I pointed out last night that as a representative from the Longford/Roscommon area, I have a deep interest in proposals for this area. Stories were put about that at some stage either this commission or the last commission took an area from Mayo to Meath as a unit to be looked at, starting in County Mayo. If there is any logic in this that is the only conclusion I can come to as to how this unreasonable decision has emerged in this Bill. The terms of reference included natural boundaries. This is a complete turn around. Health board, Euro constituencies and province boundaries have all been breached in this proposal. There is grave disappointment in our county that Longford has been pitched into the situation to preserve an extra seat in the rest of Ireland, in County Mayo.

This is not an electoral reforming Bill. With respect to the members of the commission the problems seem to have arisen from the 1988 commission and this is a hang-over from that. The decision in relation to Longford/Roscommon is one of the most outrageous decisions that have emerged from any proposed legislation.

A Cheann Comhairle——

Was the Deputy offering?

I have called Deputy Foxe. The Deputy did not seem to offer. I looked towards her and it seemed to me that she was not offering at the time. The Deputy will be called in due course. Deputy Tom Foxe.

This Bill requires us to vote on certain changes in our constituencies. These changes have been recommended by an independent commission set up by the Government. The outcome of the deliberations of that commission are more than a little bit lopsided. On four occasions county boundaries have been breached. That is acceptable, but for the first time ever provincial boundaries have been breached and not only provincial boundaries but boundaries for Euro elections and health board areas.

In the 1640s when an eminent person visited this country, one Oliver J. Cromwell, even he recognised provincial boundaries when he instructed the people in this part of the island to go to Hell or to Connacht. Unfortunately the commission which was asked to review the constituencies did not bear in mind the same boundaries. While I compliment the commission on many of their findings, looking at the province of Connacht we find some rather unusual recommendations. As regards Galway, Mayo, Roscommon, Longford and Westmeath, there did not appear to be any problems. The only problem which arose was in County Mayo where, because of a dwindling population, the two constituencies of Mayo East and Mayo West, were not able to sustain six Deputies. The simple solution would have been to reduce Mayo from two three-seat constituencies to one five-seat constituency and to leave the other constituencies as they were. The Commission decided, for one reason or another, to lop off a portion of Galway with 4,400 inhabitants and put it into the Mayo East constituency to prop up that constituency. When they looked at Mayo West they said we must do the same and lopped off another portion of Galway to prop up Mayo West with a population of 3,868. Mayo East and Mayo West with two portions of Galway appear to be OK for two three-seat constituencies. Galway, albeit, have lost 7,500 of their population to the Mayo constituencies.

Moving east we have the constituency of Roscommon whose inhabitants are nice, quiet, peace loving people who were happy as they were. In this case Roscommon was put in with Longford, the most unnatural union anyone could have dreamed up. It was the first time ever that a provincial boundary was crossed.

If it was a marital union one would be in trouble.

Regardless of who dreamt of it we have to put up with it unless this Bill, with the help of the Lord and the Fine Gael Party, is defeated.

No, it will not be defeated.

The only two connecting points between Longford and Roscommon are two artificial bridges, one in Lanesboro and the other in Tarmonbarry. Apart from those artificial connecting points, there is no geographical connection between the two counties. We have on the other hand the longest river in these islands separating Roscommon and Longford and extending in width from 50 yards to four and a half miles. Either the bridges in Tarmonbarry and Lanesboro will be very busy in some months or years time or Bord Fáilte may provide boats for crossing the river. It is one industry which the Minister for Industry and Commerce might contemplate.

Get a helicopter.

The connecting of Roscommon and Longford appears to be the greatest blunder of this commission. Rather than having an Irish solution to an Irish problem this one strikes me as being a Mayo solution to what is basically a Mayo problem.

The revision of constituencies is never an easy job for whatever Minister or Government is in power at the time. Article 16.2 of the Constitution obliges us to have a review of the constituencies every 12 years. I have been looking through the debates on previous occasions and was struck by how offensive and bitter some of the exchanges in the Dáil have been in the past. Even today the reality is that individual Deputies have their own views on the revisions and it is probably the case that no matter what way the constituencies were changed some people would be unhappy in their own situations. However, on this occasion it is a reality — and one that cannot be over-emphasised — that today's Bill incorporates the recommendations of an independent commission and as such the general welfare of the country is put first and the constitutional obligations placed on the Oireachtas by Article 16.2 of the Constitution can be fulfilled in a fair and equitable manner. In this connection I want to join with the Minister when last night he paid tribute to the members of the commission. Through their report and recommendations each of the commission members has given outstanding public service to the Oireachtas. Article 16 also states that each Deputy should represent a minimum of 20,000 and a maximum of 30,000 of the population.

The Bill before us reflects an average representation of 21,329 ranging from the minimum in North Tipperary of 19,841 and to 22,953 in County Louth. This contrasts with an old range where Deputies in Dublin Central represented 18,346 people and in Dublin South West as high as 26,702.

In my own case in County Meath we are affected by the over-spill from Dublin into a development county. Again, we had been representing well above the average number. The commission have now moved a part of Westmeath which we represented back into Westmeath, which leaves us with a figure of 20,776. This deals with our difficulty where we have a continuing increase in population, and the average representation is more even as a result of the revision.

The effect of these representation levels is that the number of Deputies remains the same at 166, a figure first put forward in 1980. In my view there is nothing wrong with this figure if only because it ensures the best possible representation. During the debate on the report on the 1983 Commission the former Deputy, John Kelly, said there is also the point that a smaller number of TDs might very well be a destabilising factor. To reduce the number from 166 would result in representation levels nearer to the 30,000 mark. This may not be too bad in an urban constituency but in rural constituencies, similar to the one I represent, the geographical expanse causes grave difficulties. While I am on the subject of representation there has been much talk about multi-seat constituencies, especially five seaters. The Bill proposes the reduction in the number of five seaters from 15 to 14. However, many of the five-seat constituencies are either urban constituencies or self-contained administrative units, such as County Meath and also many urban constituencies in Cork, Dublin, Limerick and Galway.

Like many people I have mixed feelings about five seat constituencies but the fact is that they suit some areas more than others. The single seat system which was suggested here last night by some Deputies would be much too restrictive and even parochial. As it is I believe I work well, as do my colleagues, on behalf of the people of County Meath, and while there may be occasional differences between us I do not think the people of County Meath are any worse off by the fact that they have multiple representation. If anything, the competition in a multiple seat constituency leads to more intense representation of our constituents, and I do not think that is any harm.

The Chair hesitates to interrupt the Deputy, especially in respect of the length of speeches, which is not a matter for the Chair strictly speaking, but having regard to the many demands made upon the Chair this morning and the short duration of the Second Reading of this Bill — I am obliged to call the Minister at 11.45 p.m. — I would appeal for brevity so that as many as possible of the Members indicating would be facilitated.

Bearing that in mind, I will refer briefly to some improvements I should like to see introduced, one of which relates to the register of electors. I will refer first to the supplementary register for the disabled. At present a disabled person who wants to register on the supplementary register has to produce a medical certificate. There is nothing wrong with this requirement but every year afterwards that person has to produce a certificate of competence. I do not think there is any need for this requirement and I ask for it to be reviewed.

My second point relates to main registers and the timing of them. The draft register is issued on 1 December and has to be concluded by 15 January. It is difficult for people to ensure that they are on the register at Christmas and the new year which is a very busy time of the year for them. The political parties who play a major role in this are not as active at this time of the year. The draft register should be issued earlier in the year, perhaps in September or October. Serious consideration should be given to the introduction of a supplementary register which could remain in existence up until the date of election is called. This would cover the many complaints we receive from people who voted at every election for 50 years but do not have a vote when an election is called because their name was inadvertently omitted from the register.

Last night Deputy Seán Power referred to the recent Supreme Court case brought by the students of Waterford Regional Technical College. The decision of 28 November last held that while there was a constitutional ban on double voting there was no such ban on double registration. That was an important decision and aside from its implications for students it has implications for a range of other people. I am not suggesting that those who register twice would vote twice but the position is far from satisfactory. By allowing cross-registration the usefulness and status of the register could be brought into question. The terms in the Bill governing residence should be clarified and, perhaps, include named residence as distinct from the ordinary residence. This would enable students, or anyone else affected by this, to name where their residence is.

The whole question of electoral reform has never been an easy one. However, as I said earlier, it has been made easier by the fact that we can now work on the recommendations of the commission, who are independent of this House and of the Government of the day. The idea of an independent commission originated in the Fianna Fáil Party in the mid-seventies. Having regard to the bitterness of the debates in 1973 I do not think it is any harm that we have an independent commission. However, this also needs a commitment by the Government and the Minister of the day. This commitment has been a feature of the Government and, in particular, of the Minister. I commend the Bill to the House.

My approach to the Bill is different from that of some of the speakers who spoke last night, in particular that of Deputy Stagg and the Leas-Cheann Comhairle who intervened in the debate. They suggested that we should not criticise the commission because they were set up by the Dáil to establish constituency boundaries. I do not accept that argument. Deputies have the right to criticise the findings of the commission during the course of this debate. We should remember that the commission were appointed by the Government with agreed terms of reference laid down by the Dáil. Therefore, the recommendations of the commission have to be examined by the Dáil. If we have reason to criticise the recommendations of the commission then we have the right to do so in the Dáil during the course of this debate.

I am sure the commission do not regard themselves as above criticism. If I contracted a firm of builders to build a house for me and presented them with an agreed specification and terms of reference but was not happy with the completed work nine months later I would, of course, take the builder aside and inform him of my dissatisfaction. I would have the right to demand that he correct the mistakes and could even take legal actions against him. If I was not happy with the completed work, when I was asked for a cheque to pay for it — this debate is the final check on this Bill — I would examine the terms of reference I gave to the builder and base my dissatisfaction or otherwise on them.

Five rules were laid down in the terms of reference given to the commission on this occasion. I will refer to the non-contentious ones first. The first was that the number of Dáil Deputies had to be between 164 and 168 and there was no breach of that rule. Another was the retention of traditional patterns of three-seat, four-seat and five-seat constituencies and we have no argument with that. However, there was a serious breach of the other three terms of reference, (b) geographical considerations; (c) other well established characteristics in the form of constituencies and (e) the desirability of effecting minimum change. They were clearly breached by the commission. In other words, 40 per cent of the rules laid down were adhered to while 60 per cent of them were not strictly adhered to. We must question why this happened. As in the case of the builder, we should take those who strayed from the terms of reference aside and chastise them.

I do not know why they did not adhere to those three rules but I will deal later with this point. I was in the House last night for the duration of the debate on the Bill and I could not but notice the smile of satisfaction on the face of the Minister for the Environment. He was like the cat who was after stealing the cream. I could not but notice his jocose remarks to the Minister of State at the Department of Foreign Affairs, Deputy Seán Calleary, who was sitting behind him and who is also from County Mayo. This may not have had anything to do with the Bill we are debating and, perhaps, they were talking about something else.

He said we will christen our own children first.

I do not know what he said.

Surely the Deputy would not restrict the Minister by not allowing him to smile?

Not at all.

The Deputy is very observant.

In his speech the Minister thanked the commission for the wonderful work they had done. I agree that they did good work but I am not satisfied that they adhered to their terms of reference. He said a deep debt of gratitude was owed to them for carrying out a job for which they received no recompense whatsoever. I acknowledge that point but, perhaps, it would be easier to criticise people in future if they were paid for their work. People are reluctant to criticise them because they were not paid for this job but I am not. Guidelines were laid down for them but they did not adhere to them.

The Minister referred to the commission's report at length but he did not tell us anything we do not know. However, towards the end of his speech he departed from his script and gave us some new information. He said at the start of his speech that the Supreme Court had stated that the commission could reasonably take into consideration a variety of factors such as the desirability, as far as possible, to adhere to well known boundaries such as those of counties and so on. However, we did not end up with that product. Oireachtas Members have a duty to comment on that. Members should say what they believe. I feel free to comment on the commission's recommendations and, if necessary, I will vote against the Second Reading of the Bill to show that we are not satisfied that the commission adhered to their terms of reference. Despite what some people may think, Deputies are quite free to come into the House to comment on the changes which have been made to their constituencies. After all, who would have more knowledge of those constituencies than the representatives concerned? The electorate in those areas expect their Deputies to speak on their behalf and fight the case against making those changes.

I am very proud to have this opportunity to speak on behalf of the 3,868 people in Galway West whose votes are being forcibly transferred to Mayo West. Indeed I have not come across one person from that group who has expressed a view in favour of the recommendations. I am only too glad to argue against making the changes and will vote against the Bill when the vote is taken later today. I have been present for all of the debate so far and, unfortunately, none of the other representatives for a constituency which will be badly affected by the changes has come into the House to take part in this debate today. If any of them is listening to this debate in other parts of the House I call on them to vote against the inclusion of Galway West in the Mayo West constituency. In particular, I call on the Minister for Energy, Deputy Molloy, to vote against the changes on behalf of his many supporters in the Headford area.

Six polling booths in Galway West are to be included in the Mayo West constituency: Headford 1, Headford 2, Claran, Cloughanover, Caherlistrane 1 and Caherlistrane 2, formerly known as Beaghamore. The people of this area, which stretches from near Corrandulla to Belclare do not wish to be represented by the Deputies for Mayo West. Similar changes will be made in Galway East.

I have seen a document which assesses the effect of this review from Mayo to Meath and it is clear that paragraphs (b), (c) and (e) of the terms of reference were breached. As a result eight constituencies have been affected. That did not represent minimum change and for this reason I will have no qualms about voting against the Bill.

The Galway County Council rural area will be included in Mayo West. I have had the privilege to represent this area at Galway County Council since 1974 and if this Bill goes through with the support of the Progressive Democrats the Minister for the Environment will have the privilege to represent the Galway County Council electoral area. We will keep the question of whether this is to the advantage of this area under close review but it is unnatural to take the Galway rural area which extends from Moycullen in west Galway to Headford in east Galway and include it in the Mayo West constituency.

They might get more out of the lottery next time.

It is interesting that the Deputy is recommending the Minister to his constituents.

I understand the Minister has already attended a meeting at Shrule where he gave an indication to the people campaigning for a bridge across the Corrib, from Kilbeg on the Headford side to Knockferry on the Oughterard side, that the bridge will be there in two years time.

That is a bit presumptuous.

We will hold the Minister to his promise and I for one will be delighted to compliment him in public as soon as he delivers on this promise.

Let us get back to the Electoral Bill.

Some Deputies have suggested ways by which we could ensure the eight constituencies involved would not be affected and which would enable us to comply with paragraph (e) of the terms of reference — the desirability of effecting the minimum changes. I should point out that county council areas would be considered to be natural boundaries. Instead of making changes to eight constituencies from Mayo to Meath — before the Minister stretches for his pen — Mayo, as some people have suggested, could have been turned into a five seat constituency. Each time this was mentioned the Minister stretched for his pen. According to the 1986 Census, the population of County Mayo is 115,000 and using a tolerance, as the Minister suggested, of 7.9 it would just be possible to turn Mayo into a five seat constituency, slightly under 23,000 per Dáil seat which is just under the maximum tolerance required.

If we did not want to make changes to eight constituencies we could have chosen to alter the boundaries of one constituency. I am suggesting this as one alternative — other Deputies can propose all the alternatives they like. According to the 1986 Census Roscommon and Mayo should have eight seats. That would leave us with the alternative of having four seats in Mayo with the remainder of Mayo and Roscommon also having four seats. This would be in line with the tolerance laid down. Therefore there were several ways of doing the job without taking two parts of County Galway and joining them with Mayo East and Mayo West to ensure that they maintained three seats each.

Let me make one last appeal to the Minister as time is limited. I will conclude to allow other speakers contribute to the debate as they are entitled to have their say. It is a pity that it is not possible to have a much longer debate on this Bill but we are happy to have this opportunity to speak to it. Let me conclude by saying that not only will I not be ashamed or afraid to vote against the Bill but will be proud to do so because of the harm it will do to County Galway. I call on the representatives for the Galway West constituency who, unfortunately, seem to have no desire to contribute to the debate, to vote against the Bill. Apart from myself, one of those is also a county councillor for the area, the Minister for Energy, Deputy Molloy. He seems to be determined to remain on the council as a representative for the areas of Headford, Caherlistrane, Claran and Cloughanover despite my enthusiastic attempts to get him off it.

There are six more speakers.

He will canvas for votes next June in the run up to the local elections and I appeal to him when the vote takes place later on today to cast his vote, as the people of Headford would expect him to do, against this unnatural division. I also appeal to the other representatives for that constituency but who do not represent that area, including two Ministers of State, one of whom is a member of the county council and the other a member of the borough council, and Mayor of Galway, Deputy Michael D. Higgins, to vote against this Bill.

(Interruptions.)

The Chair has already appealed for brevity having regard to the limitations on the Second reading of this Bill. I can do no more.

It is grossly unfair.

In deference to Deputy Quill who may speak on behalf of the Minister for Energy I will conclude.

The Minister for Energy is well able to speak for himself.

He is not here to do so.

I want to use this opportunity to endorse what Deputy Stagg, who pre-empted much of what I was going to say, said last night. I want to express my enthusiastic support for replacing the existing multi-seat system under proportional representation with a single seat electoral system with PR. I honestly believe that a multi-seat constituency with PR has a detrimental impact on the performance of Dáil Éireann in the interests of the people and affect in a very detrimental way the legislative performance of Deputies. This is wasteful and leads to tremendous duplication in all areas of the State.

It is recognised by political scientists, indeed, it is generally recognised and accepted, that multi-seat constituencies with PR give rise to a very strong degree of clientelism in any political system throughout the world, and Ireland is no exception. We term it parish pump politics. It is an extremely wasteful form of political activity which relates directly to our type of electoral system. This is particularly evident in five-seat constituencies. When Deputies leave the Dáil at the end of the week they head to community meetings in their constituencies, at which up to five Deputies could be in attendance, all dealing with a single issue. The Deputies return to their offices to draft letters and make representations to city and county managers and to Ministers. The recipient will have to reply five times on the same matter. We have a bureaucratic monstrosity which arises from our electoral system, involving an incredible amount of paperwork and duplication. People call to Deputies with queries relating to medical cards, free travel, housing and social welfare problems. If Deputies do not perform this constituency work they will not be re-elected, due to the competition which is part of the multi-seat system. Not only is there cross-party competition but internal competition within parties. That is common to all large parties.

I was disappointed at the knee-jerk reaction of Deputy Gilmore to this proposal. It is the typical reaction of a number of people in left-wing parties who seem to think it would have a very detrimental impact on their electoral performances. That is why I was particularly delighted that it was Deputy Emmet Stagg from the Labour Party who put forward the idea last night. When a new commission is appointed following the next census we in this House should give serious consideration to the idea of single-seat constituencies with the PR system built in, which would be an important safeguard for the smaller minority groupings. I do not accept that it would necessarily harm the left-wing parties. I agree with Deputy Stagg that it could lead to the growth of left-wing parties in the long term. We have an increasingly volatile electorate, as has been demonstrated in recent elections. The degree of partisan loyalty is declining steadily and there is no reason a single-seat constituency system with PR would have a detrimental impact on minority groupings or left-wing parties. I would ask the Minister to give serious consideration to this suggestion.

Because Deputies are constantly taken up with so much constituency work they do not have time to absorb the huge mass of material from Departments. How do we research properly? Do we have the time to research issues, policies and legislation?

One just has to look at The Worker's Party to see how the job is done.

I am trying to be honest and not trying to engage in mickey mouse discussions. We have had people talking about natural boundaries and artificial bridges, a whole lot of waffle and nonsense.

The Deputy is not speaking on the Bill.

I am speaking on the Bill. We should engage in a more fundamental review. It is my view that the electoral system which this Bill is designed to reform——

It is not.

It is designed to revise the constituencies. We should have a revision which would give us single-seat constituencies with PR. The present system is incredibly wasteful. Deputies do not play a proper legislative role in this House due to the electoral system.

That is not true.

That is the reality.

That is the reality for the Deputy.

The challenge facing most Deputies is to reconcile their legislative duties with their constituency duties.

The Deputy will have to sort that out with his party.

I am not here to play party politics or to engage in cross-fire. I am merely commenting on the objective reality, which has been commented upon in any decent research on the political system here. Any of the established political scientists has confirmed that reality.

The Deputy has not done research himself.

I have done considerable research into political systems.

The Deputy is totally out of order. He is not dealing with the Bill.

I have just occupied the Chair. I know that the Ceann Comhairle does not tolerate Deputies being out of order. When I get an opportunity to listen to the speaker I will be in a position to know if he is in order. If he is out of order, we will look after that.

Arising from my research in preparing my academic treatises on our system since the foundation of the State, I was making the point that due to this system a preponderance of energy is engaged in clientelist politics.

We are discussing here matters relating to the revision of constituencies. The Minister indicated yesterday that at some time in the future he proposes to introduce legislation dealing with electoral matters.

I accept that. I would ask the Minister if in future we might have single-seat constituencies.

There has been an unwarranted attack on the Minister and an unacceptable degree of paranoia has been displayed by Deputies in relation to this Bill. The Minister has been subjected to totally unreasonable attacks and accusations. In my own constituency a natural division, the River Lee, has been breached by previous commissions. It is not possible to meet the requirements of the Constitution in the light of population change while maintaining every natural boundary. It is wrong of Deputies to suggest that it could be done.

What about Mayo?

This is not a question and answer session. This is a Second Stage debate during which a Deputy is expected to make his contribution without interruption. Committee Stage will provide for questions.

I have full confidence in the innovation and flexibility of mind which has been the hallmark of the Minister's term of office to date and I am confident that he will take on board a number of the suggestions I have made. Many Members opposite have been talking ad nauseam about Dáil reform. It is not possible without electoral reform.

Every Member favours the single seat in which he sits.

Deputy Ryan. Deputy Quill will have to accept, however reluctantly, that the debate must move from the Government side.

We need to reform a little more than the electoral boundaries.

I appeal to Deputy Ryan to give me a few minutes. My name was on the Ceann Comhairle's list.

We welcome this Bill. As a party who welcomed the new terms of reference of the boundaries commission obviously we would accept their findings. I regret any allegations to the effect that in some way their findings were not fair. Deputy McCormack built up quite a case as to why politicians should be divorced from any revision of constituencies. I fully support that sentiment. In truly representative democracies all adults, with the exception of certain criminals, are entitled to vote and should be afforded that opportunity. It is within the context of electoral democracy I assess the merits or otherwise of this Bill dealing solely with the matter of boundaries revision.

In the course of his introductory remarks the Minister informed us that there must be such revisions undertaken whenever a completed census shows substantial changes in population distribution. Successive Governments have failed to respond to the needs of our people currently disenfranchised who are outside the democratic system. For example, I would ask the Minister to examine the voting rights of the disabled within our society. Are we doing sufficient to ensure that these citizens are afforded an opportunity to participate fully in our electoral process? I do not think we are.

I might refer now to part of our submission to the boundaries commission vis-á-vis emigrants. It is my belief that all Irish people, including those outside the country, should be allowed participate in the democratic governing of this country. Therefore, it follows that voting rights should be returned to Irish citizens over 18 years of age who lost their right to vote by not being resident here.

The Labour Party have decided to take a fresh, positive approach in regard to our emigrants. In the new year we propose introducing a voting rights Bill for Irish emigrants the provisions of which would enable them to vote in future elections. This would bring us into line with the majority of our EC partners who have, quite correctly, afforded their emigrants voting rights in some or all of their national elections.

Deputy Ryan is advertising the fact that he is out of order in so far as he is referring to some new proposed legislation whereas we should confine our comments to what is contained in this Bill.

Indeed, and it is important that that be the case. Basically, what I am saying is that the provisions of this Bill have failed to address the voting needs of our emigrants. Within the EC alone I might add that France, Portugal, Germany, Holland and Spain have afforded their citizens that opportunity. It would be my hope that in electioneering in the future we would be going to places like Manchester, London, New York or wherever seeking votes from our emigrants there. It would be my hope that we could look positively at the position of people who have been discriminated against, who have not been afforded the opportunity of participating fully in our electoral process to date.

In supporting this Bill it would be the hope of my party that the Minister would examine the legitimate points raised in regard to citizens' access to the electoral system and that a new Bill will be introduced, thereby affording all Irish people the opportunity of fulfilling a meaningful role in our society.

I compliment the members of the commission on their work.

Like other Members, I support electoral reform. However, within the terms of this Bill we are dealing with the recommendations of the boundaries commission and their terms of reference with which I agree. I support Deputy Gilmore's suggestion yesterday that there should be an appeals system built-in and that the whole exercise should be undertaken on a statutory basis. I totally agree with that idea and contend that the matter of a built-in appeals system should be carefully examined.

I simply want to make the point that the terms of reference of this latest boundaries commission were not adhered to, as many speakers have said. Certainly, from the point of view of the Dublin area, the maintenance of five-seater constituencies, which the terms of reference had suggested should apply to larger urban areas, were not adhered to in that eight of the five-seaters are rural and six are urban, defeating that argument completely. Also eight of the four-seaters are urban and seven are rural. Dublin loses one seat which is absolutely outrageous also.

I want to make the point clearly that three new towns have been built up in the west of Dublin. Tallaght has remained intact; Clondalkin had been split already by the previous boundaries commission recommendations. Now the findings of this latest commission split up the new town of Blanchardstown, at present building its town centre, with large chunks of its 10,000 population going into Dublin North constituency.

The worst feature of all is the splitting of the town of Ballyfermot. The issue here is that many people, even within the media, do not see Ballyfermot as a town. It is a distinct town with clearly outlined borders, a town in its own right with a town centre comprised of shops and so on. Under the terms of any boundaries commission no other town in the country has been split. Whatever about the matter of natural boundaries, the splitting of the town of Ballyfermot is absolutely outrageous.

It is customary at the conclusion of a Second Stage debate to thank the House for the manner in which it received the Bill and compliment Deputies on the value of their contributions. I do so on this occasion with all sincerity. We have had some fine speeches, thought-provoking and constructive in many ways. Nobody will mind if I single out Deputy Stagg's contribution in particular. He addressed the difficult matter of constituency revision in a balanced, constructive manner. Other Members had constructive comments to make as well.

What can we make of the contribution of, say, Deputy Lee, the Fine Gael Member for Dublin Central? He said the commission ignored their terms of reference, that the members of the commission allowed themselves be swayed by nefarious and sinister influences, swayed to such an extent that they deviated from their principles and disregarded their terms of reference.

They were got at, as Deputy Stafford said.

It should be remembered that Deputy Lee was speaking of the honourable President of the High Court, the highly respected former Secretary of the Department of Finance and Governor of the Central Bank, the now former Secretary of my Department and the former and present chief officer of this House. He called into the question the honour and integrity of those distinguished public officials, each of whom has given long, valuable and honourable service to this country. I raise the question of Deputy Lee's contribution more in sorrow than in anger. I know he is a new Deputy, a person relatively inexperienced in public life. I realise he has much to learn in relation to procedures and the behaviour and standards of debate appropriate to this National Parliament. I would urge him earnestly and sincerely to learn from the more experienced Members of this House, to seek to benefit from their example, indeed to learn from the very many fine parliamentarians his party produced in the past. With Deputy Lee, and those who sought to make some innuendo in a somewhat more subtle manner, very much to my regret I must include the Fine Gael spokesman on the Environment, Deputy Shatter, who does not have the excuse of inexperience and who, in addition, is a lawyer of some attainment. Regrettably, I must also include Deputy Gilmore, who accused identifiable officials of my Department of dishonourable and unprofessional behaviour.

I did not; I accused the Minister.

To those Deputies I would say that to suggest that the commission allowed themselves to be influenced by me or anybody else is to impugn the honour and integrity of its members. If any Deputy opposite considers there is any basis for making such a charge, I ask him or her to do the honourable thing and make the charge outside the privilege of this House. In this way the members of the commission, and the officials concerned, will be able to have recourse to the remedy available to every private citizen to have his good name defended and vindicated. To make such an allegation under the privilege of this House is to bring character assassination to a new depth and to give a whole new meaning to "gurrierism". I suggest the privilege of this House was misused on a number of occasions last evening.

After the way the Minister behaved at the start of 1988 he is an expert at "gurrierism".

The allegations made were groundless.

What about those by Deputy Stafford?

(Interruptions.)

Deputy Shatter and Deputy Connor, I say to you both that if you interrupt again before 12 o'clock I will ask you to leave.

We are entitled to——

If you interrupt again Deputy Connor I will ask you to leave.

(Interruptions.)

Deputy Connor, please leave.

Deputy Connor withdrew from the Chamber.

I reiterate that the allegations made by several Deputies opposite are groundless and I invite them, individually or collectively, to take an early opportuntity to express themselves in similar language outside the House and then those who have been seriously maligned will get the opportunity available to them to settle matters.

While on the matter, I wish to put on record clearly and finally that at no time did I seek, directly or indirectly, personally or through any other person, to influence the work of the commission. Subject only to the constitutional requirements and terms of reference, the commission were entirely independent and no attempt whatsoever was made by me, or by any person acting on my behalf or on behalf of the Government, to influence their deliberations.

I do not see it as part of my remit to defend the individual constituencies defined in the Schedule to the Bill. The basis on which I am recommending the Bill to the House is that it proposes to implement in full the recommendations of an independent commission charged with the drawing up of a scheme on constituencies.

The principle of entrusting the job of drawing up constituencies to an independent commission was established by a Fianna Fáil Government in 1977 and I understand this principle has since been accepted by all parties in this House. I understand also that the terms of reference given to the commission were fully acceptable to all parties. What I am presenting to the House is a scheme of constituencies which is the product of an agreed process operating in accordance with the acceptable rules and with acceptable and honourable personnel. Why the commission recommended this layout of constituencies rather than any other possible arrangement is simply a matter for the commission. I have no information over and above that contained in the commission's report. I do not see it as part of my function to defend any individual constituency. However, I feel I must comment on the hypocrisy of some of the observations that have been made here.

The constituency of Longford-Roscommon has been criticised on the grounds that it straddles the River Shannon. It may have escaped the notice of the Deputies concerned that no fewer than four constituencies straddle the Shannon. The constituency has been criticised on the grounds that it breaches the boundary of the European constituency and of the planning region. I remind Deputies that the terms of reference contained no prohibition and no guidance whatsoever on this point. The proposed constituency of Dublin Central has been criticised on the grounds of size, taking that constituency as an example. I can only say that from the Point Depot on the eastern extremity of the constituency to Kylemore Road on the west is a distance of about six miles.

There have been quite a number of references to my own constituency of Mayo West. As Deputy McCormack would know, my constituency at present runs from the bridge of Shrule to the pier at Blacksod, and Deputy McCormack knows how many miles that is. It is not far off the distance driving from Dublin city to Galway city, yet Deputies have no difficulty in suggesting that the constituency should be doubled in size to take in all of the third largest county in the country. They are, apparently, prepared to accept with unanimity the fact that this would also involve a departure from the 8 per cent of the national average, despite the statement by the 1988 commission that a departure of 8 per cent or over from the national average would be unacceptable and, in all probability, contrary to the provisions of the Constitution.

I recommend to some Deputies that more detail is printed in the report of the 1980 commission. I respectfully suggest to Deputies that they might have a casual glance at chapter 7 of that report where set down in clear detail by the commision are the reasons for their decision and recommendation in regard to Mayo at that time. That has not been altered. There is something to be learned from a quick perusal of that report. I can only conclude that a different set of principles, and different criteria of measurement, apply once one crosses the Liffey. I regret that.

There was a question about the 1988 commission. I might make a few comments to draw aside some of the misrepresentations, innuendo and trivialities with which certain people have tried to invest it. The terms of reference given to the first Dáil constituency commission, who were appointed in 1979, included a provision regarding the retention of the traditional pattern of three seat, four seat and five seat constituencies. In retrospect it is difficult to see what meaning could be assigned to this provision. In fact, there never was a traditional pattern of three, four and five seat constituencies.

The one consistent feature in all previous provisions was the continuing shift away from the larger constituencies towards smaller ones. Thus in 1935, eight and nine seat constituencies disappeared and in 1947 the seven seaters were phased out. Prior to 1980 the highest ever number of five seaters was nine. By 1969 the number had been reduced to two and in the same period the number of three seat constituencies had increased from six to 26. The same general tendency was continued in the revision prepared by a Labour Party Minister in 1974 and the number of three seaters remained at 26. The number of five seaters was increased to six with a corresponding reduction in the number of four seaters. Interesting enough, not a single five seat constituency was created in the Dublin area, and those five seaters created consisted generally of rural counties such as Carlow-Kilkenny, Cavan-Monaghan, Laois-Offaly and Donegal.

In this connection it must be stressed that the responsibility for revising constituencies is placed by the Constitution on the Oireachtas and it cannot divest itself of this responsibility. Proposals for revision are introduced as Government Bills, and I can find no evidence that any Government or the Oireachtas at any time took a positive decision to reverse the traditional tendency towards smaller constituencies. It would appear that there had been broad acceptance of this tendency and it was certainly welcomed by individual Deputies, no matter what their party.

Finally, when the question of revising the constituencies following the 1986 census arose, this matter had to be addressed and firm guidelines in one direction or another given to any future commission. When the outgoing Government, in January 1987, purported to set up a commission they obviously recognised the problem in this regard and, in the proposed terms of reference, they dropped the reference to the traditional pattern and simply required the proposed commission to recommend three, four and five seat constituencies. While this wording was a definite improvement it still left a large area of uncertainty so far as the commission might be concerned.

Several Deputies referred to the need for an amendment of certain aspects of electoral law, and I was pleased to hear that. I have already informed the House that I am preparing a comprehensive general election Bill which I hope to be in a position to bring in soon. While I am not promising that all the matters mentioned by Deputies in the course of the debate will be dealt with in the Bill, or that the Bill will provide exactly what individual Deputies might wish, it will be comprehensive and it will give the House an opportunity to have an objective and thorough review of all aspects of general electoral law, and it will in fact deal with many of the matters raised here.

I thank those Deputies who spoke in such a constructive way on matters that need to be addressed, and they will be addressed. Other Deputies made comments, I note, and they have already appeared in print even though they did not speak here at all, and I will be taking note of how that happens, too.

(Interruptions.)
Question put.
The Dáil divided: Tá, 73; Níl, 43.

  • Ahern, Bertie.
  • Ahern, Dermot.
  • Ahern, Michael.
  • Aylward, Liam.
  • Barrett, Michael.
  • Brady, Gerard.
  • Brady, Vincent.
  • Brennan, Mattie.
  • Brennan, Séamus.
  • Briscoe, Ben.
  • Browne, John (Wexford).
  • Burke, Raphael P.
  • Calleary, Seán.
  • Callely, Ivor.
  • Clohessy, Peadar.
  • Connolly, Ger.
  • Coughlan, Mary Theresa.
  • Cullimore, Séamus.
  • Daly, Brendan.
  • Davern, Noel.
  • Dempsey, Noel.
  • Dennehy, John.
  • de Valera, Síle.
  • Ellis, John.
  • Fahey, Frank.
  • Nolan, M.J.
  • O'Donoghue, John.
  • O'Hanlon, Rory.
  • O'Keeffe, Ned.
  • O'Rourke, Mary.
  • O'Shea, Brian.
  • O'Toole, Martin Joe.
  • Power, Seán.
  • Quill, Máirín.
  • Reynolds, Albert.
  • Roche, Dick.
  • Fitzgerald, Liam Joseph.
  • Fitzpatrick, Dermot.
  • Flood, Chris.
  • Flynn, Pádraig.
  • Gallagher, Pat the Cope.
  • Harney, Mary.
  • Hillery, Brian.
  • Hilliard, Colm.
  • Hyland, Liam.
  • Jacob, Joe.
  • Kavanagh, Liam.
  • Kelly, Laurence.
  • Kenneally, Brendan.
  • Kirk, Séamus.
  • Kitt, Michael P.
  • Kitt, Tom.
  • Lawlor, Liam.
  • Leonard, Jimmy.
  • Leyden, Terry.
  • Lyons, Denis.
  • Martin, Micheál.
  • McDaid, Jim.
  • McEllistrim, Tom.
  • Molloy, Robert.
  • Morley, P.J.
  • Ryan, Seán.
  • Smith, Michael.T
  • Stafford, John.
  • Stagg, Emmet.
  • Treacy, Noel.
  • Tunney, Jim.
  • Wallace, Dan.
  • Wallace, Mary.
  • Walsh, Joe.
  • Wilson, John P.
  • Woods, Michael.
  • Wyse, Pearse.

Níl

  • Ahearn, Therese.
  • Allen, Bernard.
  • Barnes, Monica.
  • Barrett, Seán.
  • Belton, Louis J.
  • Boylan, Andrew.
  • Bradford, Paul.
  • Browne, John (Carlow-Kilkenny).
  • Bruton, John.
  • Bruton, Richard.
  • Carey, Donal.
  • Connaughton, Paul.
  • Connor, John.
  • Creed, Michael.
  • D'Arcy, Michael.
  • Deasy, Austin.
  • Deenihan, Jimmy.
  • Doyle, Joe.
  • Durkan, Bernard.
  • Enright, Thomas W.
  • Finucane, Michael.
  • FitzGerald, Garret.
  • Flanagan, Charles.
  • Foxe, Tom.
  • Harte, Paddy.
  • Higgins, Jim.
  • Hogan, Philip.
  • Kenny, Enda.
  • Lee, Pat.
  • McCormack, Pádraic.
  • McGahon, Brendan.
  • McGinley, Dinny.
  • McGrath, Paul.
  • Mitchell, Gay.
  • Nealon, Ted.
  • Noonan, Michael.
  • (Limerick East).
  • Owen, Nora.
  • Reynolds, Gerry.
  • Shatter, Alan.
  • Sheehan, Patrick J.
  • Taylor-Quinn, Madeleine.
  • Timmins, Godfrey.
  • Yates, Ivan.
Tellers: Tá, Deputies V. Brady and Clohessy; Níl, Deputies J. Higgins and Boylan.
Question declared carried.
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