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Dáil Éireann debate -
Wednesday, 2 Dec 2015

Vol. 899 No. 1

Electoral (Amendment) (Registration of Political Parties and Groups) Bill 2015: First Stage

I move:

That leave be granted to introduce a Bill entitled an Act to provide for the extension of registration of political parties to political groups, to amend the Electoral Acts 1992 to 2013 and to provide for related matters.

The Bill arises because the Independent Alliance, as a group, is facing the possibility of taking legal action because of the situation in which it finds itself. I think all Members of the House will be aware of the fact that political parties have everything weighted in their favour when it comes to an election. A huge anomaly has arisen for us, and will certainly confront other groups in a similar situation, in that the Independent Alliance and any other groupings of that sort, which are not political parties, will find themselves unable to put the word "Independent" or to dub themselves, for example, "Independent Alliance" on the ballot paper, nor will they be able to put an emblem on the ballot paper. This means the description they come under is one of "non-party", although they are political parties. They do not have any choice or discretion as to what they call themselves. This, of course, means they stand at a huge disadvantage because the people who identify a group as having a common platform and as being a common group, and who are being asked to transfer first and second preference votes in certain constituencies, cannot identify those people in the way they can a political party.

What we are asking the House to do is to grant the same rights of registration to groupings like our one that are given to political parties. That would mean they would have the same privileges when it comes to elections. It would also apply to the post-election period, given there is also the issue of funding after the election, when everybody in this House knows the political parties get a huge advantage over Independents and other groupings. This issue should be addressed before the election.

There is also another issue which I think should be addressed. During the election campaign which is approaching, political parties will get the advantage of party political broadcasts. For some reason, Independents and other groupings are forbidden by law from getting that privilege. The Act that covers this situation stipulates that RTE and other media are not obliged to give party political broadcasts to anybody but that they are not allowed to give party political broadcasts to Independents and other groupings. What we are highlighting here is an anomaly in the legislation which gives advantages to those who come together but only if they form political parties.

The crucial difference between us - the Independent Alliance - and a political party is that we do not impose a party Whip. We allow freedom, independence of thought and independence of vote to our members. The result of that, of course, would make a fundamental change to the way democracy is carried out in this House. However, those of us who believe in that are discriminated against. What I am asking the Government and the other political parties to do is to recognise the fact that people can stand on a common platform, stand together in an election, stand looking for first and second preference votes or stand in a group with common beliefs and principles but that they can also signal this to the electorate on the ballot paper.

I am introducing this Bill specifically because the Independent Alliance is looking very carefully at the possibility of taking legal action. It is very reluctant to take legal action in this case and would be much happier if the Government were not just to allow a debate on this Bill, which I think is going to be the inevitable result of the dialogue I have with the Minister, but if it were to agree it, give us those privileges and save any dangers of legal action. Another example of that discrimination against groupings like our group is that the cost of taking legal action on such an important issue as this, while I am not going to say it is prohibitive, is a massive deterrent which very few people could afford. It may or may not be possible to thrash this out in the courts.

Is the Bill opposed?

Question put and agreed to.

Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.
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