I should like to apologise at the outset for the absence of the Minister for the Environment who is abroad on official business and the Minister for State in the Department who unfortunately, is ill. The Seanad will have to tolerate my presence here again.
The purpose of this Bill is to make provision for the extension of voting rights at Dáil elections to persons other than Irish citizens who are normally resident here.
Under existing law, the right to vote at Dáil elections is confined to Irish citizens. Residents who are not Irish citizens are entitled to vote at local government elections and, if they are nationals of an EC member state, they are also entitled to vote at elections to the European Parliament.
I am sure Senators are aware of the background to this Bill. They will recall that the Electoral (Amendment) Bill, 1983, which was passed by both Houses, proposed to extend voting rights at Dáil and presidential elections and at referenda to British citizens resident here. The Bill was referred by the President to the Supreme Court in accordance with Article 26 of the Constitution and the Supreme Court ruled that the measure was unconstitutional. Following that ruling, the Government decided to recommend an amendment of the Constitution which would enable the right to vote at Dáil elections to be determined by legislation.
The Ninth Amendment of the Constitution Bill, 1984, which was passed by both Houses in April last year, proposed to allow the Oireachtas to extend to non-citizens resident in the State the right to vote at Dáil elections. That Bill was approved by the people in a referendum held in June 1984. It will be recalled that the proposal was approved by a majority of more than three to one.
The Bill now before the House provides for the extension of voting rights at Dáil elections, on a reciprocal basis, to citizens of EC member states resident here. The United Kingdom already allows Irish citizens to vote in parliamentary elections and, in recognition of this, the Bill confers directly on British citizens resident here the right to vote at Dáil elections. Once the Bill becomes law, British citizens resident here will be eligible to be included as Dáil electors in the next register of electors and will be entitled to vote at any Dáil elections held after 15 April next.
At the moment, no other member state gives voting rights at parliamentary elections to Irish citizens. However, with the development of closer relationships between the countries of the European Community, it seems appropriate to look forward to the day when member states will be prepared to confer on each other's citizens the right to vote at parliamentary elections. We would welcome this development and, in anticipation of it, this Bill proposes to enable the Minister by order to extend the Dáil vote on a reciprocal basis to nationals of other member states.
The extension of the parliamentary franchise is an important step and the Bill, therefore, provides that any order extending the franchise must be approved in advance by a resolution of each House.
The same requirements as regards entitlement to the Dáil vote will apply to non-citizens as apply in relation to Irish citizens at the moment. This means that a minimum age of 18 years will apply; there can be no discrimination on the grounds of sex; the person concerned must be free from legal disqualifications in relation to voting and must be ordinarily resident in the State on the qualifying date for the register of electors, which is 15 September in the year prior to the coming into force of the register. There is, of course, provision for specifying criteria to determine whether persons resident here are nationals of a member state for the purpose of this Bill.
Apart from section 2, which provides for the extension of the voting rights, the remainder of the Bill is taken up with consequential technical changes. These are necessary because the extension of voting rights to non-citizens relates only to Dáil elections. Voting rights at presidential elections and referenda will still be confined to Irish citizens and a new category of elector must be created. Under the Bill this category will be "presidential elector" which will be confined to Irish citizens. Only persons in this category will be allowed to vote at presidential elections and referanda.
During the debates on the 1983 Bill and on the Ninth Amendment of the Constitution Bill, 1984, the view was expressed in both Houses that any extension of voting rights should not be confined to nationals of one particular country and that there should be provision for the granting of voting rights on a reciprocal basis to nationals of other member states of the EC resident here. I am sure most Senators will now welcome the wider provisions of this Bill which enable this to be done.
I think the proposals contained in this Bill strike the correct balance by extending voting rights to EC nationals resident here, provided their country of origin gives similar voting rights to our citizens resident there. We are the only member state of the E.C. which already allows nationals from all other member states the right to vote at both European and local elections without reciprocation. This Bill can be seen as a further development of this country's open approach to the granting of the franchise to a wide category of foreigners living here and I hope it will also be seen as an important first step towards mutual extension of voting rights at parliamentary elections among EC member states.
The extension of voting rights at Dáil elections to British citizens is more than just a reciprocation of the voting rights which Irish citizens have for so long enjoyed at parliamentary elections in the United Kingdom. It is a reflection of the special relationship which exists between our two countries and I hope it will add to this relationship and to understanding between both countries.
