Amendments Nos. 1 and 2 form a composite proposal. They are not relevant to the provisions of the Bill as read a Second Time and, therefore, they must be ruled out of order in accordance with Standing Order 131(1). Amendment No. 3 is out of order on the basis of it not being relevant to the provisions of the Bill as read a Second Time.
Electoral (Amendment) (No. 2) Bill 2014: Committee and Remaining Stages
SECTION 1
Amendments Nos. 1 to 3, inclusive, not moved.
Question proposed: "That section 1 stand part of the Bill."
Obviously, the Bill has a narrow focus. Part of that focus and part of the reason it is being brought forward is because the Government, in particular the Attorney General, was facing a court challenge due to be held in July which it would have lost, essentially on account of the reasons articulated by the Minister on Second Stage last week.
I rang the Ceann Comhairle's office to find out why my amendments were out of order. I was told it was because the Bill was only dealing with the issue of bankruptcy. This could have been a golden opportunity to deal with an anomaly in time for the local and European elections. The anomaly is that the Government calls us Independents on this side of the House, the media calls us Independents, we describe ourselves as Independents on our election material, we describe ourselves as Independents in press statements and we describe ourselves as Independents in everything that we do politically and yet we are not allowed to describe ourselves as Independents on the ballot paper. This could be changed if there was a will to change it and this would have been a timely opportunity to do so.
If this amendment was taken and agreed, it could have been done in time for the local and European elections. Instead, people will be expected to leave the space blank or to describe themselves as "non-party". I am not "non-party". I could decide to be in a party if I wished. I am not deficient because I am not in a party. I want to describe myself on the ballot paper as Independent, as do the hundreds of Independents who will be contesting the election. It is long past time that this was changed. I regret that we are not even going to be allowed to debate the amendment. It is a foregone conclusion that it will not be included and that is regrettable.
Deputy Murphy's amendments provide that for a Dáil election a candidate who is not a candidate of a political party, as registered, shall be entitled to use the word "Independent" rather than "non-party". The amendments reflect Deputy Murphy's Electoral (Amendment) Bill published on 1 April 2014.
The relevant provisions of the 1992 Act set out that the expression "non-party" may be used where a candidate is not a candidate of a registered political party. This is based on the premise that the expression "non-party" on the ballot paper indicates adequately that a person does not belong to a political party. This description shows briefly, clearly and in a neutral way that the person does not belong to a registered party. It is a simple statement of fact and, as such, we believe it is appropriate for inclusion on the nomination and ballot papers. On the other hand, the description "Independent" could be viewed as a value-laden term and could have different meanings for different people. Indeed, it may not be acceptable to many non-party candidates. I note with interest the number of labels or identities being used by potential non-party candidates, including, for example, The People's Convention, Independents for Equality, Tús Nua, Kildare Action for Change and Independents Together.
Question put and agreed to.
SECTION 2
Amendments Nos. 4 and 5 are out of order on the basis of not being relevant to the provisions of the Bill as read a Second Time.
Amendments Nos. 4 and 5 not moved.
Section 2 agreed to.
Section 3 agreed to.
Title agreed to.
Bill reported without amendment, received for final consideration and passed.