The purpose of the Bill is to provide for a new method of filling casual vacancies which occur in Ireland's representation in the European Assembly. The existing procedure is that the Dáil appoints a person to fill the vacancy on the nomination of the party which won the seat at the preceding Assembly election. In the case of a non-party representative both the nomination and appointment would be matters for the Dáil.
The system of election used in this country, proportional representation — by means of the single transferable vote — is widely regarded as a most democratic electoral system. It gives electors the widest choice as between candidates and parties and the greatest measure of control in the election of representatives. The system compares very favourably with those offered by neighbouring countries, enabling the elector to make a complex series of choices. However, there are particular difficulties in devising a method of filling casual vacancies which will complement this process while satisfying the requirements of fairness and simplicity.
Two methods of filling casual vacancies under the STV system are used in this country, by-elections in the case of Dáil Éireann, and co-option in the case of local authorities. One of the possible effects of a by-election is, of course, the distortion of the proportional representation of a constituency as decided by the democratic vote of the people at the preceding general election. Many arguments can be advanced both for and against by-elections as a means of filling casual vacancies.
However, in this instance, I feel we must face the reality of the prospect of by-elections in far flung constituencies, possibly in winter conditions, in a situation in which the European Assembly seems, as yet, to have commanded only limited electoral commitment. The case against the by-elections approach to filling casual vacancies in the Assembly is pretty strong.
The maintenance of the political composition of the Assembly as established by the people at a general election is regarded as being of considerable importance. In this regard it is highly significant that none of the draft proposals for a uniform electoral procedure prepared over the years, commencing with the draft prepared for the original six members of the EEC over 20 years ago, envisaged a by-election procedure.
In regard to co-option, the arrangement contained in the 1977 Act is, in essence, a development of the co-option idea. Obviously straight forward co-option by the Assembly as a whole would not be appropriate. The present arrangement contains a built-in refinement to ensure that, as far as possible, the political composition of our representation in the Assembly would not be distorted as a result of casual vacancies. The arrangement had the support of all parties. It was originally included in a Bill sponsored by the Coalition Government, and following the general election of 1977 was repeated in a Bill introduced by the Fianna Fáil Government. Unfortunately, because of the reservations of the Credentials Committee, it has become necessary to seek an alternative arrangement.
When the first vacancy was filled under this method, certain members of the Credentials Committee of the Assembly voiced reservations about our system on the basis of Article 1 of the relevant European Community instrument. This article provides that representatives in the Assembly must be elected by direct universal suffrage. These reservations were brought to the attention of the Government and the Government indicated that consideration would be given to amending the legislation in order to ensure that the arrangement for filling casual vacancies would be seen to be fully in keeping with the relevant European requirement. Any new procedure decided on will have effect from the next Assembly elections which will be held in June of this year.
We have, therefore, been left with a fairly complex problem. We have had to devise a method of filling casual vacancies which would be seen to be in keeping with the requirement of election by direct universal suffrage and, at the same time, would be appropriate in our particular circumstances and would fit in with our unique electoral system.
Having considered a series of options, the Government decided to recommend the arrangement set out in this Bill. Essentially the proposal is that at an Assembly election each political party and each independent candidate will be entitled to nominate a separate list of replacement candidates who will be available to fill any vacancies arising in the constituency. The political party or the non-party candidate concerned will determine the order of names on the replacement candidates list. When a vacancy occurs, it will be filled by the person whose name is at the top of the list presented by the political party or the non-party candidate who held the seat at the Assembly election.
The replacement candidates' lists will be published in the statutory Notice of Poll issued by the returning officer. The method of publishing this notice is a matter for the returning officer. In 1979 it was published in the daily newspapers. It is likely that this method will be used again on this occasion. Returning officers will be advised, in addition, to publish it by way of posters displayed throughout the constituency and at the polling station on polling day. The entry in relation to each candidate on the ballot paper will include a reference to the appropriate list of replacement candidates. However, the names of the replacement candidates will not be printed on the ballot papers. This is because of practical considerations which suggest that if we were further to complicate an already complex ballot paper we would risk causing confusion in the minds of the electorate. It is not difficult to understand the difficulty, if not the impracticability, of adding to an already long ballot paper the names and addresses of all the replacement candidates likely to be nominated under these arrangements.
The details of how the arrangements will operate are set out in the explanatory memorandum. I will be pleased to clarify, in my replying speech or on Committee Stage, any points which the House might wish me to deal with.
I should add at this point that the European Assembly is required to draw up proposals for a uniform electoral procedure in all member states pursuant to the terms of the treaties. Proposals were drawn up during the present term by the Assembly. However, agreement was not reached at the Council of Ministers level in time to enable a uniform system to be in operation for this year's election. Efforts to reach agreement are to be resumed with a view to having a uniform procedure in place for the 1989 elections. It is possible, therefore, that the arrangements we are now considering may apply for a single five-year term only.
The Bill also proposes to make a series of amendments to the First Schedule to the 1977 Act which prescribes the rules for the conduct of Assembly elections. The most important is contained in section 2 of the Bill which provides that a person holding the office of Attorney-General shall not be eligible for election to the Assembly and that holding office as Ceann Comhairle or Leas-Cheann Comhairle of the Dáil, Cathaoirleach or Leas-Chathaoirleach will be incompatible with membership of the Assembly. As Senators are aware, members of the Government may not, under the European Community instrument, be members of the Assembly. The Government have considered it desirable that the position in regard to the other offices referred to should be clarified.
Another important amendment of the 1977 Act has been made in relation to the verification of ballot paper accounts. The Bill provides that the verification of ballot paper accounts will be carried out in each county and county borough rather than at European constituency level. This arrangement has been provided on the advice of returning officers. The actual counting of the votes will, of course, take place at a single centre in each constituency.
In conclusion, I wish to state that I make no extravagant claims for the method we have chosen. However, I do think that when the system is implemented we will have a simple and effective means of filling casual vacancies in Ireland's representation in the European Assembly. We will also have a system that is compatible both with the demands of the European authorities and the structure and character of the Irish electoral system.