Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 14 Dec 2022

Vol. 1031 No. 2

Appointment of Ordinary Members of An Coimisiún Toghcháin: Motion

I move:

That Dáil Éireann, noting that the Government on 13th December, 2022, nominated Mr. John Curran, Ms. Maura Quinn, Mr. Alex Attwood and Professor Caroline Fennell for designation by the President to be ordinary members of An Coimisiún Toghcháin, recommends that, pursuant to section 9(9) of the Electoral Reform Act 2022, Mr. John Curran, Ms. Maura Quinn, Mr. Alex Attwood and Professor Caroline Fennell be designated by the President to be ordinary members of An Coimisiún Toghcháin.

I welcome the opportunity this morning to move the motion that recommends the appointment of four ordinary members of the Electoral Commission, An Coimisiún Toghcháin. An Coimisiún Toghcháin will be a statutory independent body and the motion before the House reflects an coimisiún's accountability to the Oireachtas. An coimisiún will take on a broad range of existing and new electoral functions. As a specialised body it will bring about a more cohesive and efficient administration of electoral functions in Ireland. In line with international best practice it will be independent of government. Its functions will include a new policy research and advisory function to advise the Government on electoral issues, oversee the electoral register and review the conduct of future electoral events. An coimisiún will have a new voter education and awareness function, expanding on the work the referendum commissions did so well. An coimisiún's work will aim to increase participation in, and awareness of, our political processes.

An coimisiún will take several existing statutory electoral functions from other bodies, including the work of the Referendum Commission, the registrar of political parties, the constituency commission and the local electoral area boundaries committees. An coimisiún will also have responsibility for the regulation of online political advertising. To ensure our elections remain free from hidden influences on how we vote, an coimisiún will regulate the compulsory labelling of paid online political advertisements during electoral periods. This will help to ensure transparency in the run-up to elections and referendums.

Independence features strongly in the appointment process which the four nominees came through. The Electoral Reform Act 2022 outlines this process requiring that the Department engage with the Public Appointments Service to independently identify and recommend the best candidates. The Act sets out seven key criteria to which the Public Appointments Service had regard. These include electoral matters, the administration of electoral systems in Ireland and internationally, public administration and expertise in financial matters, expertise in ICT and its application in the context of elections and referendums, and advertising and publicity, particularly in relation to the digital aspects of a political campaign.

The selection process was advertised in October 2022 and 30 applications were received. The final interviews took place in late November and the names of four successful candidates were provided to me. I am confident the candidates selected by the Public Appointments Service will bring a broad range of skills, perspectives and experience to an coimisiún. Their experience takes in such areas as electoral matters, corporate governance, oversight, public administration and expertise in political campaigning. The Act requires that the Public Appointments Service strives to achieve a gender balance across the ordinary members and I am pleased this will be achieved.

An coimisiún will comprise seven members in total. In addition to the four ordinary members who are the subject of the motion, two ex officio members, namely, the Clerk of the Dáil and the Ombudsman, will also sit on an coimisiún. The holders of these senior public offices have for a long time been involved in the functions which an coimisiún is taking on, for example, constituency commissions and referendum commissions. An coimisiún will benefit from their experience, competence and integrity.

The chairperson of an coimisiún will be a serving or retired judge of the High Court, Supreme Court or Court of Appeal who is nominated by the Chief Justice and appointed by the President. This process is ongoing. The Judiciary has traditionally a strong association with electoral functions, with the chairpersons of previous constituency commissions and referendum commissions being a member of the superior courts. It is very welcome and appropriate that this association is continued in an coimisiún.

Returning to the motion before the House today, and An Coimisiún Toghcháin's ordinary membership, the standard term of office for ordinary members of an coimisiún is four years, with one reappointment permitted. However, it is important that an coimisiún has a gradual turnover of its members. Accordingly, in line with section 11 of the Act, the Government is recommending that two of the candidates, namely, Ms Quinn and Mr. Curran, be appointed for a four-year term, while the two others, namely, Mr. Attwood and Professor Fennell, are recommended for a three-year term. Subject to the passing of the motion before us this morning and the passing of a similar motion by Seanad Éireann, these appointments will be made by the President.

The road to the establishment of An Coimisiún Toghcháin has been long and I am greatly looking forward to establishing an coimisiún very early in the new year. It is more important now than ever that many of our electoral processes, which sit right at the heart of our democracy, are brought together in a single home with a broad focus, which is set up on a regulatory and advisory footing. The candidates I put before the House today are very well placed to be at the core of An Coimisiún Toghcháin and it is my privilege to recommend these candidates to the House for appointment.

Yesterday on the floor of the Dáil, I made reference to a media report on the death of a young woman sleeping rough in my constituency. Subsequently, the organisation that put the information in the public domain has withdrawn it, pending further investigation. As the Minister knows, the issue of the deaths of people experiencing homelessness is one I have been raising with him on a regular basis. I have always argued for the need for accurate and up-to-date information. I want to put on the record of the Dáil that the story as reported in some sections of the media has not been confirmed.

I desperately hope the story is not true and I want to make that clear. I believe the organisation that put that information into the public domain did so in good faith and I raised it in a similar way but it is very important that we treat these matters with great accuracy and therefore, if and when further information becomes available I will comment on it then. I would urge anybody with information on this story to bring that to the attention of the Garda in Clondalkin.

With respect to the motion in front of us, I warmly welcome the establishment of the Electoral Commission. It is something many of us have long argued for and wanted to see established as a matter of urgency. We will support the motion but I want to raise three issues. The first is, as the Minister knows, I submitted a freedom of information request to his Department recently asking for copies of correspondence from the European Commission setting out concerns with respect to aspects of the legislation underpinning the commission that was introduced at a very late stage at the end of the process. Unfortunately, the most recent correspondence from the European Commission has not been released to us but it is our strong belief that they are outlining continued concerns with aspects of the legislation. Given that we have always approached this issue on a cross-party basis and in the interests of a maximum level of transparency, I urge the Minister to put that information in the public domain in order that we can all be clear that this legislation is fully compliant with EU law and if it is not and there are good reasons it is not, we can have an honest and frank debate with respect to that.

As for the appointment of the four ordinary commissioners some eyebrows will be raised that two of the proposed candidates are former elected representatives and members of parties that have a relationship with the Minister's own party. Mr. John Curran is a former Fianna Fáil Deputy and Mr. Alex Attwood is a former Social Democratic and Labour Party, SDLP, MLA. I know both men quite well. I shared a constituency with Mr. Curran and he chaired the Oireachtas Special Committee on Housing and Homelessness in 2016. I know him to be very fair and independent-minded and I wish him well in his time on the commission. I also served on Belfast City Council with Mr. Attwood and while I am not sure my relationship with him at that point in time was as collegial and constructive as it was with Mr. Curran here in the Dáil, he does have considerable experience in terms of his membership of the UK's Electoral Commission and I fully accept the appointments process was fully independent through the Public Appointments Service. However, it is absolutely vital that the commission and its members are fully independent from the Government and are seen to be so. Therefore, given that eyebrows will be raised that two of the four members have a relationship with the party proposing this motion, the Government should make it clear there will be no attempt to interfere with the work of this crucially important body.

It is absolutely crucial that the board is enterprising and innovative and adopts what was clearly the cross-party consensus that we want this to be a body that pushes forward the boundaries in all of its work. There will be some disappointment in some of the circles that gave testimony to our committee during the course of pre-legislative scrutiny that people with a background in political science and with widespread knowledge of electoral commissions globally have not made it on to the board. If there is some way to ensure their expertise is brought to bear in the work, particularly the research on ensuring people who are traditionally excluded or less likely to be involved in the electoral process, but also the evolving area of the interaction between social media and digital technology with electoral processes, it will be absolutely key. We received some really important testimonies from some of the country's leading experts in this field - they are not just leading experts in Ireland but across the European Union - about the rapidly changing pace of digital technology and its interaction with electoral systems, both good and bad. For the commission to do its job it has to have access to that kind of cutting-edge, innovative and enterprising expertise and knowledge. I wish both the members of the commission and the commission well and we look forward to its work. At pre-legislative committee stage, we gave it a very long list of areas of research we think are vital for it to be involved in but independence is key here and the more clear the Government makes that and the easier it will be for the commission to undertake that, the better it will be for all of us.

I welcome this day and it is something for which I have been advocating for a long time, as the Minister and his officials are aware. I have one issue however. It is five months since the Dáil passed the Electoral Reform Act 2022 and we only now have appointed the four ordinary members. As the Minister told the Dáil on 13 July that it was intended that the Electoral Commission be established as a matter of priority following the enactment of the reform Bill, why has there been a five month delay? It is a considerable period. Have all the issues that were concerning us in relation to the EU directive on e-commerce and political advertising been dealt with? Could the Minister inform the House on that? Was that part of the reason for the delay? If not, that is fine but the Minister should just let us know the reason for the delay and what the status is.

I have no issue with the four people who have been appointed. I know some of them and others I do not but they seem to be from a pretty wide range of backgrounds. I know Professor Fennell has some serious knowledge and I know the two former politicians both come with a lot of experience. I know Mr. John Curran quite well and always found him to be very fair and independent and a very decent human being. Ms Quinn will bring a different type of experience from a corporate point of view to the commission.

I want to say a few things relating to it. The Minister might also inform the House as regards the work that has been ongoing because up to October when we went forward on this, basically we and the Minister and the Department were in open breach of the legal requirement to establish a constituency commission. If there had to be an election following a census where we had a preliminary census, there are legal precedents for people taking cases in this area. Consequently, we were in a no-man's land where there was a legal requirement to establish a constituency commission under Part II of the Electoral Act 1997 once the preliminary results of the census were published. It was only repealed with the statutory instrument the Minister signed on 14 October. There was a risk period and luckily we got through it but it did create a risk, as the Minister will acknowledge.

As a unit has been set up within the Department to act as a secretariat to this commission, the Minister might inform the House what work has been ongoing in this regard. As somebody who established the constituency commission in a previous life, everyone knows that the rumour mill gets going in relation to how this works. I never believe any of those rumours. However we are in a situation where we will have nine to ten more Deputies and the process by which the next Dáil constituency boundaries will be set up will be something that will be very quick, that is, within three months of the final census coming out to mirror what was there previously. As my understanding is the Minister expects that to be early spring, the likelihood is we should have the new boundaries around June. There will be great fun for everyone around the Houses that week anyway. Can the Minister inform the House what work has been ongoing on this? I note the Secretary General of the Department and the Clerk of the Seanad will no longer be involved. Are there any downsides to that?

The unit in the Department is being called the transition team. Outside of setting up the commission, has any work been done yet on boundaries in relation to data analysis? I would expect there has been and while I do not think there should not have been, I just want to confirm that. Once the census findings are out, that will have to flow quickly so I expect that work should have commenced.

The issue in respect of the electoral register will have a huge role in this regard. We cannot continue the way we have been going on. It has been farcical at some points as to how it is being kept up to date. As it is quite bizarre to have the issues we do in these days of data analytics and data management, I expect a huge amount of work to go into that.

Furthermore, there is the whole issue of digital advertising, which has changed everything in political campaigning. It will be very interesting to see where the commission goes on that and how strong it will be. I expect and hope some ground rules will be set because we all know the lines between misinformation and disinformation and real information are becoming quite blurred. From a democratic point of view, it is critically important we set some really sincere and strong ground rules.

While I am speaking on this, and obviously the local boundaries will not be part of this commission's first outing but will be the new Dáil boundaries, I hope the commission will have a significant role in looking at Seanad reform as regards constituencies. The days of configuring with what we have should be long past. We have been at this for 40 or 50 years. It should have some opinion on this. The idea that there is a university down the road whose graduates get to elect three Senators is just elitist and wrong - and, yes, that is coming from me - as is the fact other universities do the same while some other third level institutions do not get to vote. I do not believe education should be a premium by which anyone gets to vote in Seanad elections. The Seanad should exist, despite a Government I was part of trying to get rid of it. I voted to save it but I believe the franchise should be open to everybody and that Members of Seanad Éireann should be elected under new constituencies on the same day as Dáil elections are held, so that people can make a choice and decide which House they want to try to get into and participate in.

I strongly welcome the establishment of the commission. It is something that has been signalled and worked on for a long time. Having an independent electoral commission to look after this essential part of our democracy and everything to do with the electoral processes is an important part of our democratic process. It is very clear there is a range of experience within the appointments that have been announced. During the legislative and pre-legislative process on this, we received strong contributions from a number of groups which are marginalised and have lower levels of participation in the democratic and electoral process and some very good points were made by representatives from Traveller organisations, people with disabilities, migrants, and a whole range of civil society groups. There could well be some disappointment in that these more marginalised groups may not see themselves fully represented in the four appointments announced. I note Professor Fennell is a member of the Irish Human Rights and Equality Commission and that is significant given that organisation's work in these areas. That will be useful in terms of the contribution that can be made. It is very important that this is one of the areas to the forefront of the commission's work.

During the legislative process on this matter, I raised a number of very important things the commission will have to work on such as voter education and participation and I was told that rather than many of the amendments I was putting forward being accepted, this would be work the commission would be doing and prioritising. It is absolutely key work.

I give the example of New Zealand and the electoral commission there and the really excellent work it has done. It provides a very good model by having youth advocates who drive up voter registration levels; outreach to people who are homeless in order to get them registered and participating in voting; accessible social media enabling people who are deaf and hard of hearing to use sign language when voting and facilitating people who are blind to vote using a telephone dictation service, for example, when voting; and indeed, allowing for early voting to increase turnout. Much good work is being done in New Zealand and in other jurisdictions to increase participation, which is healthy for democracy and for combatting any feelings of people being left out, excluded or alienated. That is very important in terms of the society we are trying to build.

I emphasise the importance of those areas and look forward to the work the commission will do on that. The commission has much work to do in these different areas and it is going to take a number of years. In time, it would be helpful to get some sort of an outline or a plan from the commission as to how it intends to approach that. The Joint Oireachtas Committee on Housing, Local Government and Heritage would welcome information from the commission on how it intends to proceed. That is important.

Question put and agreed to.
Cuireadh an Dáil ar fionraí ar 9.26 a.m. agus cuireadh tús leis arís ar 10 a.m.
Sitting suspended at 9.26 a.m. and resumed at 10 a.m.
Top
Share