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Seanad Éireann debate -
Wednesday, 27 May 1992

Vol. 132 No. 15

Electoral (No. 2) Bill, 1991: Committee Stage (Resumed).

Debate resumed on amendment No. 10:
In page 15, subsection (1), line 39, after "constituency" to add "or formerly resident in that constituency but now resident outside the State".
—(Senator Upton.)

This matter was fairly well debated on the last occasion. Very briefly, it relates to the granting of votes to emigrants. May I reiterate a few of the points which I made on the last occasion and in particular stress the fact that the voting rights which were to be given to Irish emigrants were to be given to those Irish emigrants who are also Irish citizens. It is not a carte blanche granting of votes to every Irish person who has left this country at any time. The proposal limits the granting of votes to those Irish people who retain their Irish citizenship. When I was speaking on the last occasion I emphasised that we have obligations to our citizens. We are delighted to pursue those obligations and to make a big deal out of defending our duties and defending the rights of our Irish citizens, as in the case of a person such as Brian Keenan who found himself in terrible circumstances in the Middle East.

I believe this amendment can be made to work. There is a lot of goodwill around. I am sorry the Minister was not in a position on the last occasion to give us some more definite indication of his views on the matter. If I remember correctly, he did indicate that the Government had an open-minded attitude on it. I would think that this is an excellent opportunity for the Government to get down to brass tacks and put some firm proposals on the table in relation to how this proposal of granting votes to emigrants can be made a reality. It also gives us the opportunity to do something definite and tangible for Irish emigrants after years of sentiment, goodwill and all this fuzzy loose stuff. This is an opportunity to give them a real say in this country and it seems to me, to be in accord with the wishes of a very large number of people.

What Senator Upton is really saying is that we must lay some salve to our conscience for feeling guilty about emigrants. I still maintain after a week's profound reflection that it is a nonsense to talk about admitting people to the franchise who have no responsibility for the country any more. That is what it boils down to.

I have also done some research into the horrific dimensions of the problem, were it to be taken seriously, which I hope it is not by the Government. I would refer the Seanad to a National Economic and Social Council publication of March 1991, No. 90, at pages 58 and 59, and an article called "The Economic and Social Implications of Emigration". In that article there is a very sober and very conservative attempt at estimating the number of Irish born people abroad. With respect to Senator Upton and not having the knowledge at my finger tips, I doubt very much if there are significant numbers of Irish born people abroad who are not also Irish citizens. As I understand our category of Irish citizenship, it is very generous and very wide indeed.

I found it quite difficult to find an answer to the question: how many Irish born people are there abroad? We talk about our huge exodus and so on, and Harold Wilson used to boast that his constituency of Huyton had more Irish people than in the whole city of Dublin, but when you try to find out how many Irish people are actually abroad, it is quite difficult to find the information. That is why I have given the detailed reference of this NESC publication.

Based on net emigration, those who are abroad and have not come home again and so on, the most conservative estimate is that there are between 500,000 and 700,000 Irish born people in Britain. The British Embassy itself has given me a top off the head guess of one million people in Britain. I do not know how many of those are not Irish citizens, to come back to Senator Upton's point, but I would imagine extremely few. That is the dimension of the problem in Britain alone.

In the United States again the most conservative estimate is of 150,000 Irish born people. I think that is way below the reality. There must be many times 150,000 Irish born people in the United States. Let us assume there are only 150,000. The same NESC publication estimates that there is at least the same number worldwide — in Australia, etc. — we are talking in toto of at least 1 million possible electors and, if we are to take this proposition seriously, probably nearer to 2 million electors. Here we are talking about the same electorate that already exists in the State. How are you going to make fish of one section and flesh of the other? Where do you draw the line? As I said the last day, why should you say five years' residence abroad is the cut off point?

One of the things that does not impress me about these amendments, among other things, is the failure of their movers to give us any idea of what they are talking about, any idea of how long they are going to suggest as a residence abroad period, a cut-off point and so on. Clearly this has not been thought out at all. I would suggest to both Fine Gael and Labour that they should challenge a division, that they should force a division on these amendments, and I would challenge the Government to react accordingly. Then perhaps we would know what they are talking about.

We had a long discussion on this on the last occasion. I indicated that the Government are examining the question of voting rights for emigrants. The matter is under active consideration and it may be expected that the Government's position will be made known at an early date. I have nothing further to add.

The Minister's reply is really a non-reply. I have listened to Senator Murphy with great interest. In spite of the fact that the amendment from my own party runs contrary to what he is proposing, I think there is a great deal of logic and reason in the argument made by Senator Murphy. If all parties are being honest with themselves I think we all realise that this proposal of votes for emigrants was born out of a sense of guilt which people had in his country in the face of the enormous haemorrhage of emigration and an inability to do anything about the problem itself. There was a very popular sense that we could make some amends by giving these people a vote.

As Senator Murphy and others have pointed out, even if with the best will in the world all parties here agreed in principle that for five or ten years Irish people who had emigrated should have a vote, the sheer logistics of that would make it virtually impossible. It is difficult enough at present to keep track of postal votes. Nonetheless, I think there is a very substantial problem here. Our amendment is designed to draw attention to that problem. We have a responsibility and there is a duty on us at least to recognise that virtually all of those who have emigrated have done so involuntarily and that very many may wish to come back to this country.

What my party have proposed as an interim recognition of this problem — not a solution of it — is that this House be extended to 65 or 69 seats and that a certain number of those extra seats be given to our emigrants, elected through an electoral college. This would be less cumbersome, there would not be the same time pressure, so our emigrants could avail of that. This is something which exists in the French Senate: French people overseas are able to elect a certain number of members of the Senate. This is not an off the top of the head solution or proposal; it is one of a number of proposals that should be looked at.

While I accept that the proposal in the amendments, either that of Senator Upton or of Senator Naughten, if put to the test of practicality probably would not work, rather than add another unenforceable, unworkable piece of legislation why not accept the principle that this State should in some way recognise that the voice of our emigrants be given some sort of official statutory platform in one of the Houses of the Oireachtas. Let us then look to this House to see how that could be made possible. In a time when we are all talking about the possibility of Seanad reform perhaps we could then look at some way of giving an effective voice to our emigrants through a new electoral college which would perhaps be organised on a regional basis.

I will be very brief because this was discussed last week at some length. I think the suggestion put forward by Senator Manning is one that is worthy of being looked at. I hope that will be the end of the discussion on what I think are really rather far-fetched amendments. The Labour Party have singularly failed to really go into any detail on what they are suggesting or what its size is likely to be. Senator Murphy has endeavoured to do that as far as possible by putting some figures on it, but I think this proposal would be unworkable. I do not know how anybody could try to contact these people who would be eligible to vote. It does not seem feasible. It seems to be a little like the restrictions on the freedom of information. We always all knew it was going to be totally unenforceable. I think this is somewhat the same. This would be totally impractical; it simply could not work.

This is an amendment designed to enable emigrants to be registered and to vote in elections here. It is essentially an enabling amendment; the qualifications and the practicalities can be slotted in afterwards without difficulty. To some extent it is a test of principle, of whether we are serious about emigrants' voting. It seems as if a large number of people are not serious about it which is fair enough because in the case of Senator Murphy his honesty is one of the qualities which has distinguished him in Irish life; that and his capacity to face up to hard choices.

If we walk away from this suggestion then we walk away from the quasi sentimental notion that it would be nice to give emigrants votes. This amendment would put that into practice; it would enable it to happen. Practicalities can be filled in afterwards but it would get us down to the brass tacks of deciding if we are for or against it. I am disappointed at the tone on this side of the House and at the desire here to walk away from that position in principle.

I do not accept all these declarations of impracticality and so on. Of course there will be practical difficulties but other countries have been able to face up to similar difficulties and resolve them. In the United States of America it is possible to vote from outside the country.

The USA do not have the high number of emigrants that we do.

If we have a high number of emigrants that is our problem and our failure. The fact that there are large numbers of Irish emigrants is not sufficient reason to avoid our obligations to them. We indulge in sentiment about the great Irish and all they have done all over the world, but we cannot have it every way. We have had no hesitation on occasions in cynically exploiting the goodwill of those people towards Ireland, drawing them back for ethnic weekends, ethnic tours, ethnic holidays and so on.

This amendment provides for an acknowledgement of that goodwill in principle; the practicalities of how it would work can be slotted in afterwards. I ask those who are voting it down or who are against the idea of votes for emigrants to state their position in relation to the young people who have left this country in the last three or four years.

They are coming back.

In many ways they still live in Ireland. They ring up radio stations here on Sunday evenings to find out the results of hurling and football matches; they ring up local stations down the country to find out about junior football and hurling marches. We seem to be turning our backs on them and walking away. We do not discourage their sentiment towards Ireland nor the emigrants' remittances, as they were once called, although that phrase appears to have gone out of the language now. When it comes to giving those people a say in how things are done here, we say "No". When we say "No" to that, we are also saying "No" to real consideration for the welfare of emigrants, when they leave this country they do not count; they have no vote and in the last analysis, no say.

There can be no doubt that over the years we have largely ignored our emigrants and there is a deep feeling of alienation and bitterness among them. I had the privilege over the last few years of visiting many emigrant communities where I found this to be the case.

I share Senator Manning's and Senator Murphy's reservations about the practicalities of implementing this amendment. The numbers elected by the Irish emigrants abroad would be sufficient to tilt the Dáil and Seanad in any given direction. We must face up to this consequence; it may not be the most popular thing to say but many emigrants, particularly in America, take a romantic view of Irish nationalism and of the possibilities of reunification; the fourth green field is often mentioned. As a Senator living close to the Border with Northern Ireland I would be concerned about an Oireachtas that would be influenced by a vote that could result in a certain type of nationalist from abroad being sent to this Parliament with an unrealistic perception of the set of relationships prevailing on this island and of the relationship between this island and Britain. That possibility would have to be considered seriously.

The proposition my party put forward articulated here by Senator Manning that we give emigrants an input into the Seanad is a practical initiative that could be taken as a starting point. It seems totally impractical to elect vast numbers of people to the Irish Parliament from outside the country. The point has been raised about the difficulty of establishing a cut-off year, will it be five, ten or 15 years? Who would be a suitable emigrant to vote? The amendment is worthy because it recognises the frustrations and alienation of emigrants who left unwillingly. It merits consideration but it is impractical and we should use it to recommit ourselves to a more profound interest in the emigrant community through increased grants and support.

We should go ahead with Fine Gael's proposition for Seanad representation for emigrants although it is fraught with danger. I visited New York on a parliamentary delegation of which Senator Bennett was a member and she will also be acutely aware of the absurd perception of Irish politics and the Northern situation prevailing in Irish communities in New York, particularly around the Bronx. I noticed then and during my previous summer there that the Northern question is seen in terms of baddies and goodies and the High Chapparal; it is believed that we have an enemy to get rid of. It would be dangerous if people who were emotional about this matter were to send over similar representatives to this Parliament.

I was the first elected representative to make a case for votes for emigrants a number of years ago. I made a conscious decision not to get involved in this debate because I have been through it many times but I have listened to such clap-trap this week and last week, revealing a lack of knowledge as to how the system works that I wonder are those speakers living on the same planet as myself? We are within a month of the referendum on European Unity and we have just finished welcoming a delegation from Bavaria. Let me remind the House that if we join the European Union before the end of this year we will be one of only two countries in the Union which does not make provision for votes for emigrants and the only country to make no voting provision for members living outside the State. I have heard no argument here that could not be demolished if I were to take a couple of hours to do it. To say that we have more emigrants than any other country is not correct. Italy has far more emigrants than we do and Italy gives right of franchise to emigrants.

That is why they have such an unstable Government.

The Bavarian delegation were here half an hour ago, a Chathaoirligh. National newspapers in Bavaria during the German elections of the last 18 months featured full display advertisements for three consecutive days inviting citizens of West Germany — as it was at the time — to vote in their elections. The Australian Government did likewise in the last few years and also the United States Government and none of these countries has any difficulty with the practice.

Let me dismiss this nonsense about 30 or 40 million people voting in Irish elections. This is an enabling amendment to allow votes for emigrants. It does not say nor can it be interpreted to mean that everybody who sails out to sea will have a vote in elections here.

Let me give some of the fail safe measures that other rational countries employ to make sure that we do not all go daft and allow 40 million people who left here 40 years ago to vote. That is not intended by this proposal and was never mentioned by Senator Upton or by any of the people who support voting rights for emigrants.

I heard a statement here last week by an Independent Member that the essence of democracy was no participation without taxation. I never thought I would hear in a democratic Assembly that those who may not be liable for tax or who may be unemployed would not be entitled to participate. That is the logic of that argument.

There is no reason why we should not do as the Danes do and insist that all emigrants with votes contribute tax. That is their fail safe approach. How do Italy deal with 55 or more million emigrants? Very simply. If one wants to vote in Italy, one goes home to vote which cuts out millions of emigrants. One has to be registered in Italy and in the parliament. In other countries one has to be registered at the local embassy and one must go there to vote. Other countries insist that voting can only take place at home. The Spanish constitution contains three pages on voting procedures for emigrants. The Italian constitution also deals with the issue.

It is not a constitutional matter in this country. We can give votes to emigrants without making any change in the Constitution; it requires only a minor change in electoral law where it stipulates that a voter should be normally resident in a constituency.

In this country at the moment, the legislation which denies emigrants a vote is being flouted by every political party at every election. Every time a bus leaves Dublin to take a group of voters to Dingle, Ennis, Sligo or anywhere else, it is as much in breach of that law as if the people came back on a plane from Manchester. I have listened to much nonsense over the past couple of weeks on this issue and I wish people would look into their hearts and become aware of what is happening.

If voting emigrants would overrun the Irish electorate, let us prevent that. Let us restrict it as other countries do to a specified number of years following emigration; it could be for five, ten, one year or for a generation. The US allows second generation people who have never lived in the country to vote at home. To me that is nonsensical but the issue here is one of principle. Do we allow emigrants to have a say in the running of the country that eventually excluded them from participation? We excluded them from participation because we could not provide them with employment. These people did not choose to leave. I do not know of any other country where the native diplomatic corps do not have a vote. I now accept the Minister's indication that they do.

Travellers abroad do not have a vote nor do people abroad on business. If I happen to be on business out of my constituency or out of the country on 18 June, I cannot vote in the referendum. I put it to the Minister that no other European country applies these restrictions. That shows a lack of flexibility.

The proposals made by Senator Upton can be addressed and dealt with and the principle agreed to. A question of numbers can be dealt with by a restriction on years abroad or by a restriction in time. The numbers of possible voters can be dealt with by a restriction on travel, insisting that people come home to vote, or by allowing them to go to their embassy to vote and to register there and also in their own constituency. It is not difficult to resolve these simple administrative matters. Accepting this amendment would not enable 40 million additional people to vote in Irish elections.

The amendment provides for agreement on a principle. After that we may decide on restraints on time, years, generations, on whether to insist on voters paying taxes here as Denmark does. We could insist on people coming home to vote as Italy does, or restrict it to those not long out of the country as Belgium does. I could go on and on but suffice to say that if we join the European Union we will be the only country in Europe making no provision for emigrant representation.

I have made a survey of the voting arrangements made for emigrants in the 12 EC countries. We are the country which shouts loudest about loving our emigrants, which makes the biggest deal about them and which does least for them. We have a duty to give emigrants a voice in the democratic process, a voice which will also restrain us. It would force us usefully to address the issue put so well by the previous speaker of the four green fields. That political problem does not arise for people who have been out of this country for the past five years.

I have spoken to emigrants in New York, as most of us in this House have who believe that the longer they are away, the clearer their view becomes; one deals with that by restricting votes to those most recently emigrated. One proposal from an emigrants' group is that the restriction should be five years. Another was that it should last for a generation and another was that voters should continue to pay tax here. Another proposal provided for travelling home to vote.

I have seen all these proposals and it is just not for people to dismiss them out of hand by talking about 40 million voters in an uninformed response to a sophisticated proposal to change this legislation. The people who propose it here should take some time to look at ways in which it has worked in other countries and look at ways of ensuring that we are not overrun by 40 million people abroad but that we address the crucial issue of emigrant participation.

In response to what Senator Upton said, it is not fair to say that those of us who oppose this motion are turning our back on our emigrants or that we are any less concerned about them than he or anybody else in this Chamber. Our emigrants want a job in this country, not a vote; they want to be able to come back to live and to work here. Senator Upton has not spelled out what he has in mind. I have no idea of what the implications here might be. Senator Murphy gave us some idea of possible implications but I do not think that it would be practicable in our situation to implement this proposal. Italy is having difficulty at the moment forming a Government which may well be because of the emigrant vote.

There are two principles at stake here. The first is whether, under certain circumstances there should be vote for emigrants. My party support that principle.

Secondly, it is incumbent on those proposing a radical legislative change to explain in some detail how it would operate. The amendments are blunt in their import and simply recommend votes for emigrants. Senator O'Toole, in his usual calm, dispassionate way, spelled out some of the options available and some of the safeguards used elsewhere. We could talk about this all day but the essential point is to decide if we are in favour of the principle. Let the House divide on that and I am happy to support the principle.

Those proposing this major change should get together to detail specific ways in which it might be enforced. I would be happy to do that for Report Stage with Senators Upton and O'Toole. We could compile a list of possible qualifications and fail safe measures. I do not consider it a big deal that Italians can travel back to vote in elections. That might favour well-heeled electors but others less well off would have no vote. These implications need to be teased out and a proposal which spelled out the limits and so forth would facilitate rational, sensible debate rather than some of the extreme reactions we have witnessed here recently.

I agree with Senator Manning's distinction between the intention and the practical implementation of these amendments. I have no difficulty with the principle. Citizens have a right to vote. That is enshrined in the notion of citizenship and people who retain their citizenship, even though they may live abroad, should have the means to vote. I do not believe, despite anything that may have been said while I was engaged elsewhere, that there are 40 million citizens of Ireland resident outside the country.

In fairness it has increased a few million since Senator Norris left the Chamber.

That is as a result of the inflationary atmosphere in the Chamber. When I came back from a consultation I heard Senator O'Toole say it is claimed that there are 40 million Irish emigrants. I know that 40 million people in the United States claim Irish descent but it has been diluted in most cases. I understand the hesitations here and the perception, for example, that people who do not pay tax should not have a major say in determining policy in a state to which they do not contribute money. This is the reverse of the old idea of no taxation without representation, for which there is something to be said.

I do not favour general representation and I am not aware that anybody here has drawn an analogy with a constituency in which emigrant voting already clearly works. We on the backbench here have good reason to know it; it is the University seats in Seanad Éireann. We have not only a 32-County or a European constituency, we have a global constituency.

It is not negligible. It may be in the Senator's case but I spend much time dealing with the interests of voters from the United States of America, Australia and Canada. There is a healthy number of people there who retain their votes.

With regard to the North of Ireland a substantial number of people voting in Seanad elections are normally resident in the North, do not pay taxes to this State, claim citizenship here and it is one of the strengths of these seats that we are virtually, if not entirely, the only democratically elected element that draws its strengths from all 32 counties.

Considerable energies have been expended debating this matter and a certain sharpness appears to have crept into the debate with regard to the number of emigrants, etc. I was recently in Australia, in the United States of America and in Europe and everywhere I go, I meet emigrants in favour of voting rights who are not exclusively university educated. In Sydney a couple of months ago I was approached — and I was only there for about four days — by a group of people who have set up their own newspaper there, who identify strongly with Ireland and who were most anxious to have a vote in Irish elections. I put to them the possibility that they might have two seats in Seanad Éireann and they did not regard that as sufficient. In fact, I thought they were rather tactless in what they had to say about the powers and role of the Seanad.

Rotten boroughs in universities.

Senator Murphy, with his charming intellectual honesty, combined with electoral indiscretion, has said exactly what they said. They said they were rotten boroughs. Of course you and I, a Chathaoirligh, know that they are not.

Emigrant voting is a serious issue on which there is strong feeling particularly among people who have recently left Ireland. What a criticism of our political system, that we are apparently terrified that so many people have emigrated that they might swamp constituencies. Is this a real Government fear? If so, what a commentary on the current health of Irish political and social life.

On the basis of a fruitful experience in the Seanad University seats, I suggest that some consideration be given to making two or three seats here available to emigrants so that their voice might be heard. That suggestion would resolve the problem of representation without taxation because this Upper House is precluded constitutionally from spending money. Therefore, it could not be contended that elected people could spend the tax revenue of citizens fortunate enough to remain here. There would be no requirement for people to travel back and university graduates at least are fairly literate and are able to sign the requisite documents and to return them by post. Why should there not be a postal ballot for two or three seats in the Seanad made available through embassies, consulates and so on in different parts of the world? This is perhaps a rather rough hewn suggestion but I make it to support Senator Manning's sensible suggestion. Many of us, not only on this side of the House, but in Fianna Fáil also feel that some modicum of representation should be given to emigrants and I think there would be substantial agreement that some machinery should be found to achieve that.

Senator Manning is right to say that the principle should be looked at first. I am certain it would be agreed here and the Minister has given an undertaking that he will look at this matter which suggests that he is not against such a proposal. After the principle was adopted I suggest to those considering amendments that they incorporate a suggestion that this House may be the most appropriate vehicle for affording representation to emigrants.

The trouble is that emigrants are not looking for a modicum of representation in Seanad Éireann; they are looking for substantial franchise in Dáil constituencies. They are after real electoral influence and power. It is a nice idea to think of giving them seats in Seanad Éireann but—

Would the Senator support it?

I would support the idea of representation in Seanad Éireann because it is a nice gesture. It does not violate the basic principle which I articulated on the last day. In fact, I demolished this case most effectively the last day and I do not want to go on and on about it.

I want to make it clear that I am opposed to the principle that emigrants should be represented. People who are not resident in the State, who are living and working in other countries should not have a substantial say in electing a Government and a Parliament in this country. I am totally against that. Most people would oppose it too except that votes for emigrants is the flavour of the month and people feel guilty about not supporting it and go on and on about it.

I was glad to hear Senator Manning dissenting from Senator Naughten's amendment. It is a piquant situation that the Leader of Fine Gael in the House should disown the Fine Gael amendment on the Order Paper but it illustrates, since compliments are flying this afternoon, Senator Manning's integrity and honesty. Where the figure of 40 million came from God only knows. As Senator Norris has suggested it probably is related to that inflated figure of the number of Americans who claim Irish descent but how it slipped into the category of possible voters I do not know. As far as possible, I gave the figures suggested by NESC, of the number of emigrants now living abroad and they are horrific in terms of the problems they would present in giving emigrants the franchise.

Senator O'Toole said he could go on and on, but on a fine afternoon we are grateful he did not because when he is in full flight — the Senator's eye, in a fine frenzy rolling — it is a bit hard to take. He did not go into detail of what he was suggesting; he flung out fine rhetorical dashes from this country but he has not tabled an amendment. Senator O'Toole did not put down any specific suggestions as to how we could give emigrants a vote. Like Senator Manning, I look forward to Report Stage when Senator O'Toole will, hopefully, give us more detailed figures. In the meantime, I am more than ever convinced that the position I have taken is the right one. I did not expect that we would spend so much time on these amendments, but I think it is right that we have done so. This is the first time, in either House, that votes for emigrants have been given any kind of airing.

This is an interesting debate. Is there any chance that the Opposition might agree to this in private? I am amused by the contribution of one Senator who appeared on our most popular television show recently discussing the issue of votes for emigrants. He was more convincing today than he was on that show. The consensus of opinion on the show was that representation from people who were living abroad for a number of years was unacceptable to the majority of people in Ireland.

However, I have experience in dealing with emigrants over the past 20 years or more. When I was chairman of the local authority in Westmeath I visited emigrants in New York, Toronto and London to keep in touch with what was going on. For the previous 20 years I spent approximately two weeks in every three months in cities and towns in the United Kingdom and I know the problems facing Irish emigrants. During the past 12 months, a considerable number of those who emigrated in the past five years have returned; I would go so far as to say that possibly 40 per cent have returned. Some people emigrated because they could not find employment here but others emigrated to gain experience.

The information available on voting abroad by nationals of other countries suggests that the number of electors is small. For example, in the United States, which has an open-ended system the number of overseas electors represents less than 1 per cent of the total electorate. In countries such as the United Kingdom, Germany and the Netherlands, the numbers are insignificant, well below 1 per cent — in the UK it is 0.3 per cent and 0.2 per cent in Germany. Canada does not allow emigrants to vote.

I would like the Government to give some recognition to emigrants right to vote; I understand they are considering that. If someone has been living abroad for ten or 20 years in my view they are totally removed from what is happening here and what the new Ireland is all about. The new Ireland is much different to that of 20 years ago. It has been transformed. There have been great progress and development here in recent years. I was delighted to hear Senator Manning say he was in favour of not giving the well heeled emigrants the right—

—or advantage.

—or advantage to come home when our less fortunate brothers and sisters cannot afford it. I remember touring Scotland and seeing massive signs and posters on the streets stating that if anyone wished to vote for a certain Donegal TD, buses and boats would be leaving at a certain time. All we have to do is look at the masses of people who leave the city of Dublin to travel home at election time to vote.

Everyone has a right to vote, but one has to be on the register for 12 months. Therefore, in a five year period the number of people involved would, be small, approximately 60,000 or 70,000 people. If only 10,000 emigrants voted they could decide the destiny of 15 Dáil seats, a significant number, and could change a Government. We were told that Italy gave its emigrants the vote. Italy has the most unstable Government in the EC.

I am totally in favour of our emigrants being given recognition — possibly in Seanad Éireann — but in relation to the Dáil, the right to vote is vitally important to those who will be living on this island and making their living here in the foreseeable future. A change of Government can affect those resident in the Twenty-six Counties and hopefully in the long term — the Thirty-two Counties. Because of a lack of resources and other difficulties here, the might of PR and the propaganda machines in other countries could be used to give emigrants' a different view of this country.

This is a sensitive issue, but, in principle, I support the Government giving favourable consideration to emigrants having a voice in Seanad Éireann. There their views could be expressed and given national coverage as proceedings are televised and the press could give them the recognition they deserve. However, I would only consider giving the vote to those who emigrated in the past five years because people who emigrated earlier will be out of touch with what is happening here.

This debate has gone on and on, as Senator Murphy said. We had a half an hour last week and an hour today. After Senator Manning has spoken perhaps, we could bring it to a conclusion.

I will attempt to draw the debate to a conclusion because I realise it has gone on and on. However, it has been worthwhile because everyone can see this is a complex issue.

I was interested in what Senator Cassidy said. He said that he was in favour of the principle, but then he qualified that by saying the principle he is in favour of is supporting the Government on the matter. I would be much happier if he said straight out that he is in favour of the principle of representation or votes for our emigrants qualified, as it undoubtedly will be, into a particular time frame, and a set of fail safe circumstances.

I have not consulted with Senator Upton, but I am sure he will agree that if the Government could say today that they favoured the principle enshrined in the two amendments, and if they came back on Report Stage with their own set of ideas as to how this could be operated in practice, with all of the restrictions and so forth, we could have a meaningful debate. At the moment we are debating this in a vacuum because we simply do not know the Government's view on the matter. The Government are playing it both ways; they are saying that they are in favour of votes for emigrants, but not yet; therefore, there is not much point in debating this any further. If the Government say they are in favour of the principle, let us wait until Report Stage and talk about it then, but if they are against it, we should end the debate now.

Basically, I want to reiterate what Senator Manning has said in relation to details being added later. If the Government are not in favour of the principle they should say so and at least we would know where we stand. As far as we are concerned, this amendment was put forward to establish whether the Government are for or against giving votes to emigrants. I accept that there may be a need to tidy up the details later and given that we are meant to be discussing this amendment with Senator Naughten's which provides——

We are discussing amendments Nos. 10 and 15.

Precisely, and there is a provision in Senator Naughten's amendment to tidy up this whole matter. Basically we are trying to establish the principle, in other words, whether people are for or against giving votes to emigrants. If they are in favour of it, we are open to any suggestions and proposals regarding the details.

Some Senators have said we are dealing here with a matter of principle. This is not correct. We are dealing with a specific amendment and the amendment is the only matter on which the Seanad can make a decision today.

I want to refer also to the reference to representations in the Seanad. The Bill has nothing whatsoever to do with represenation in the Seanad. This is a Dáil Electoral Bill and the amendment proposes to give votes to electors in Dáil elections; therefore, many of the points made are not strictly relevant. In the absence of a number of Senators we covered all those points last week. Representation for emigrants in the Oireachtas raises fundamental questions including constitutional qustions. In fairness to emigrants and the resident population, any arrangement that might be decided on would have to recognise the difference between those who reside permanently in this country and those who, for whatever reason live abroad. The difference relates not only to the representation-taxation question but to the entire circumstances of emigrants including jobs, wages, housing, health and welfare, the environment and so on.

It is not a question of whether we are for or against emigrant representation. It is a question of what is possible within the constitutional, legal and practical constraints and what is appropriate and fair to emigrants of whatever duration as well as to the resident population. The Government are giving the fundamental issue involved careful consideration and I hope their position will be made known shortly. At this stage, I am not adopting a position either for or against emigrants voting. In the circumstances, I ask the Seanad to reject these amendments and allow time for the Government to complete their consideration and adopt a position on the matter.

Amendment put.
The Committee divided: Tá, 17; Níl, 25.

  • Cosgrave, Liam.
  • Cullen, Martin.
  • Doyle, Avril.
  • Jackman, Mary.
  • Kennedy, Patrick.
  • Keogh, Helen.
  • McDonald, Charlie.
  • McMahon, Larry.
  • Manning, Maurice.
  • Neville, Daniel.
  • Norris, David.
  • Ó Foighil, Pól.
  • O'Reilly, Joe.
  • Raftery, Tom.
  • Ross, Shane P.N.
  • Ryan, John.
  • Upton, Pat.

Níl

  • Bennett, Olga.
  • Byrne, Sean.
  • Cassidy, Donie.
  • Conroy, Richard.
  • Doherty, Sean.
  • Farrell, Willie.
  • Foley, Denis.
  • Haughey, Seán F.
  • Hederman, Carmencita.
  • Honan, Tras.
  • Hussey, Thomas.
  • Kiely, Dan.
  • Lanigan, Michael.
  • Lydon, Don.
  • McCarthy, Seán.
  • McGowan, Paddy.
  • McKenna, Tony.
  • Mooney, Paschal.
  • Mullooly, Brian.
  • Murphy, John A.
  • Ó Cuív, Éamon.
  • O'Donovan, Denis A.
  • O'Keeffe, Batt.
  • Ryan, Eoin David.
  • Wright, G.V.
Tellers: Tá, Senators Upton and J. Ryan; Níl, Senators E. Ryan and Haughey.
Amendment declared lost.
Question: "That section 8 stand part of the Bill", put and declared carried.
SECTION 9.

I move amendment No. 11:

In page 17, line 29, to delete "national" and substitute "citizen".

This is a very straightforward and simple amendment. We propose that the word "national" be deleted and substituted by the word "citizen". To some extent we have tabled this amendment to obtain clarification from the Minister in relation to why citizens in Ireland are referred to as "a citizen of Ireland" whereas for member states the word "national" is used. Why is there a difference in the wording? Would it not be better to use the same terminology in both cases?

Section 9 relates to the registration of European electors. It provides that a person aged 18 or over who is normally resident in a constituency, who is a citizen of Ireland or a national of another member state of the EC, shall be registered as a European elector. The section repeats existing law without any change. Amendment No. 11 provides for the substitution of the word "citizen" for "national". Section 2 of the Bill defines the term "national of a Member State" as having the meaning assigned to in the EC treaties.

The Treaty establishing the European Community uses the word "national" throughout rather than the word "citizen". The word "national", therefore, has a specific legal standing in the context of Community law which the word "citizen" does not have. If we change over now and use the word "citizen" we could be introducing an element of uncertainty which could not be determined by reference to EC law. No matter how complex the relevant law may be, the word "national" has an ascertainable meaning in the context of the European Community. The word "citizen" does not appear to have such an ascertainable meaning. Our domestic law must aim for certainty in so far as this may be possible. For this reason we must use the recognised word "national" rather than the word "citizen" which may not have a precise meaning as an EC context.

Amendment, by leave, withdrawn.
Section 9 agreed to.
Section 10 agreed to.
SECTION 11.

We now come to amendment No. 12 in the name of Senator Upton. Amendment Nos. 12 and 13 are related and may be discussed together.

I move amendment No. 12:

In page 17, lines 34 to 46, and in page 18, lines 1 to 4, to delete subsection (1).

This amendment relates to the rights of students to be registered in more than one constituency. Essentially we are suggesting that subsection (1) be deleted. The effect of this would be to allow students to register in more than one constituency. The practicalities of students being registered in just one constituency means that they will be confined to being allowed to register only in their home constituency. In the case of students who are living in big cities such as Dublin, Cork, Galway or Limerick, in practice, even if they are on the register at an address this year, by the time the register becomes available in all probability they will have gone to live somewhere else. They will have finished their courses or they will be located in some other part of the city. The background to this relates to a constitutional case which was taken by a student in the Waterford Regional College some years ago which resulted in them being allowed to be registered at their college address and at their home address.

The net effect of the introduction of this into law will, of course, mean that very large numbers of students will be disenfranchised. On a fairly quick, crude estimate I reckon there are somewhere between 10,000 and 20,000 students from outside the city living in Dublin while they are at college. If these students want to vote they will have to travel by bus to Dingle or Donegal, if that is possible. I imagine the capacity to get on those buses or whether the buses would be servicing those areas would be very much related to who they were likely to vote for when they got to Dingle or Donegal. The vast majority of students will simply not be able to make the trip to their homes in the country and, accordingly, they will be disenfranchised.

If you take the figure of 20,000 that is approximately three full quotas of votes, enough in practice to elect two or three TDs. The reality also, particularly in relation to Dublin, is that students are not uniformly dispersed across the city. They are concentrated in the Rathmines area — I see Senator Manning paying a lot of attention as he had an electoral interest in that area not so long ago. It does not particularly concern me and the area in which I am electorally interested but it arises in the south-east of Dublin where, in effect, both University College, Dublin and Trinity College are located — I think UCD is technically outside the area.

Very large numbers of the students of Trinity College and University College, Dublin are resident in Dublin south-east. I hold the view that there would be in the order of 10,000 such students; in other words, you would have enough people there to elect a TD. It would, in theory at least, be possible for students to put up a candidate for the Dáil and to get him or her elected given their numbers; that is, of course, if they all voted for that type of policy. Perhaps things would not work our exactly like that in practice but certainly a very significant number of young people will be disenfranchised. That is very unfair and regrettable. It is particularly regrettable in relation to students who are constantly lobbying and who are concerned about getting a fair crack of the whip from the system.

Despite all the lobbying by students and all the promises of support given by many people in relation to students' issues and problems, when you get down to brass tacks in effect the initiative has been taken to ensure that in practice quite large numbers of them will be disenfranchised or, alternatively, they will be presented with a hurdle of such size that it will be quite impractical for them to get over it. I originally came from County Clare and when I was a student in UCD it was not a realistic possibility that on Wednesday or Thursday I would travel home to cast my vote. Only the truly dedicated did that. People in that situation will be excluded from the voting process, which is very unfair and regrettable.

I support Senator Upton's amendment. It is very regrettable that we will create the situation in this Bill which Senator Upton outlined. All our energies should go towards encouraging as many people as possible to vote. It is particularly important to encourage young people to vote. I know from talking to young people that they take it quite seriously and it gives them a considerable sense of responsibility when they know coming up to an election that they will vote. We should be encouraging them to participate in electing a Government and bringing them into the system rather than freezing them out.

The numbers are quite significant and it is unfair that we should expect students, whose parents are paying high fees for them to attend colleges, universities and other third level institutions, to return to where they originally lived if they want to vote. I cannot see the objection to allowing people to be on the voters' register twice, provided that the penalties for voting twice are very high. That is the way we should approach it.

I hope there is no suggestion in this that because students tend to have more liberal views they might not always be seen to support the old Fianna Fáil. Senator Cassidy spoke about the new Ireland and the new Fianna Fáil, but we are not quite sure yet exactly what the new Fianna Fáil is or how liberal their views will be. Will the Minister tell us if encouraging the highest possible participation is his objective? Is it Government policy to facilitiate people in voting or to make it difficult for people to vote? That is really what it comes down to, that is the issue.

I am confused or perhaps Senator Upton is confused. Students have a choice to be on the register in Dublin or in the area in which they previously lived. I am a little disappointed to hear Senator Upton say that as a student he did not go back home to vote for de Valera and Dr. Paddy Hillery. That is out in the open now; he did not do it and that is it.

The buses would not bring me.

To be serious, the students of the nation have the choice of being on the register in the area in which their college is and where they are in residence or else in their home constituency for elections. That is the way I read the section. It is a section I welcome because of other provisions in it. I do not think this amendment — unless I am reading it wrongly — is needed.

Senator Honan has thrown me somewhat, not for the first time. Could we get clarification from the Minister because if what Senator Honan is saying is correct, my understanding is that it is a very restricted right at present and what is in mind here would be a much more frequent revision of the electoral list so that students would be able, in the numbers required, to register. Perhaps the Minister could clarify the situation so that we do not waste time.

Under section 11 (1) of the Bill a person may be registered once only as an elector. Where a person is resident at more than one address he will have the right to choose at which of those addresses he will be registered. Where such addresses are located in different registration areas, the registration authority for each area are required to take any necessary steps to ensure that the person is not registered in more than one of these areas.

Amendment No. 13 proposes to insert a new provision in section 11 to make it clear that a full-time student has a right to opt to be registered in respect of his parents' address or the address in which he resides during the academic year. I would like to remind the House that section 11 (1) (b) makes it clear that where a person appears to be eligible to be registered in respect of more than one address, the registration authority shall determine the address at which he should be registered, subject to any expression of choice by the person concerned. This makes it clear that there is onus on the registration authority to comply with the wishes of the person when he indicates which address he wishes to opt for. The situation envisaged in Senator Naughten's amendment is already covered adequately in the Bill. A student in the situation referred to will have the option to register at his parents' home or at the address at which he resides during the academic year. The amendment is, therefore, not necessary and adds nothing to the Bill.

Amendment No. 12 proposes to delete section 11 (1). The effect of the amendment, if accepted, would be that the existing unsatisfactory situation would continue where students — and possibly many others in certain circumstances — may be registered in respect of more than one address. The effect of subsection (1), togeter with the provision of rule 27 of the Second Schedule, clarifying that the registration authority and the county registrar have power to make inquiries outside their registration area, will restore the law to what it was understood to be before the recent Supreme Court decision on the registration of students. The purpose of the provision of section 11 (1) is to safeguard against the possibility of electoral abuse which could arise if persons were to be registered as electors in more than one place.

I am very happy with the Minister's reply. I think what everybody on all sides of the House has in mind would be that the vote would take place in as fair a way as possible, as widely as possible, and that advances in technology in recent years would make registration in the holding of the vote as easy and widespread as possible.

The Minister spoke about an onus being on the registration authorities to make sure that people know that they have the right to register if they are full-time students. Will he perhaps think also of some machinery where the Department, in conjunction with the third level institutions — there are not many of them and they all have good internal communication systems — would find some way of informing students of the rights available to them in this respect.

Perhaps he would also consider some sort of machinery which will allow students to register. Students come to Dublin, Cork or Galway and they have many other things on their minds in coming to grips with their new way of life, and registering for a vote would be very low down on their list. It would be worthwhile to have co-operation between the relevant authorities and the third level institutions to make this information available and perhaps to find some legally safe way of ensuring that people can be registered and not doubly registered. We would all be happy to see the end of the situation of people being transported by bus back and forward at election time. If people want to go back home to vote, they have that right but if they want to stay where they are, they also have that right. I thank the Minister for his very helpful reply.

All this puts a very strong onus on the political parties to see that people whom they would regard as being potential supporters are registered although, as Senator Upton pointed out, the difference between a potential supporter and a vote can often be very wide.

I am still a little confused and I would like further clarification. I do not think it is sufficient that the student has the choice of being registered at home, in their digs or place of accommodation at a third level institution unless they know where they will be on the date of the election. It may be all right in relation to the local elections, but no one knows when a general election will be held. Will the Minister remind us up to what stage a student will be allowed to change? The student is registered at home, perhaps guessing that an election will be held in July but if he makes the wrong guess and the election is held earlier, he is then attending college. That is not much good to him if he has made the wrong choice and he is registered at home. In this regard — I think 12 days or so were allowed the last time — will he be allowed to change if he has registered at home? Unless that is the case, it will not help students to vote.

I want to ask a question related to section 11 (c) which states that the registration authority of each such area shall take such steps as it considers necessary to ensure that the person is not registered in respect of more than one such registration area. What exactly would the registration authority be required to do? It would be putting a heavy burden on the registration authorities to establish whether a person is registered in more than one registration area. Will the Minister explain that?

I am very anxious to cooperate and assist in every way possible in dealing with the third level colleges and ensuring that any information required is available to students in relation to this matter. As the Senator knows, many notices are posted advising people to make sure that they register. We will certainly look at that area in relation to specific problems.

In response to Senator Hederman, for students like everybody else, September will be the time for applying for registration. You cannot allow a person, 12 days after an election has been called to change his registration. That cannot be allowed happen. Wherever a person registers at the appropriate time in September is where he or she will have the entitlement to vote.

Will the Minister comment on the other point about the local authorities?

If a person is registering a vote local authorities have the right to inquire in the home area of the student to clarify that he or she is not being registered in both places.

The Minister put his finger on the problem to which I alluded. The practicalities of this mean that students will be disenfranchised. It would be ridiculous to require students to register at their college in September. Students — apart from the unfortunate minority repeating examinations or doing finals — are not in town in September. I do not expect anyone, apart from the more advanced students of political science, to know that they need to register in September.

The second reality is that students do not know when an election will be called. June is a delightful time to have an election but half, maybe three-quarters of students have left the city at that stage because examinations are finishing. Some will have gone in the first week of June and some will be around until the second or third week in June. However, unless students are committed and particularly anxious to wait and vote, they simply will not be able to vote if they have opted for their college address. If they have opted for their home address, many of them will still be doing examinations and they would want to be the sound people about whom my distinguished colleague, Senator Honan, spoke to go down the country to vote. I imagine that for the most part they would be giving priority to getting their exams.

The practicalities of what is proposed here by the Minister is that students for the most part will be disenfranchised unless they are able to make their way down the country to vote; the vast bulk of them will not, the only elements who will make their way down the country to vote will be the committed political supporters of one or other party. The average student, the floating voters, the people who would not be particularly into politics are the people who will stroll up to the local polling station and hope they will be on the register. They will make a very unpleasant discovery. The change in practice means that most students simply will not be able to vote at their college address. That is a very important consideration in relation to where seats will finish up in a small number of constituencies in this city, in Dublin South-East, in some of the north side constituencies around Dublin City University and perhaps, to some extent, in Dublin South. I am not familiar enough with Cork to be able to say where the balance of students votes would be liable to end up in voting terms but, these people, in effect, will be disenfranchised.

The idea that students would, in the month of September, solemnly consider whether they would want to be registered at their parents address or at their college address is totally unrealistic.

I do not agree with Senator Upton's second point. He seems to think that the transfer of a large number of students will affect the outcome of the election but that is probably more imagined than real because most of the voting research shows that students tend to vote roughly along the same lines as the rest of the population. There is generally not a different breakdown — they are as contrary as the rest of us.

Senator Upton made two points, one of which is absolutely central, but I do not agree with the other regarding what happens in the month of June. In all occupations there are certain natural hazards and June is a natural hazard for most students, it is the time of examinations, the time when they head off to jobs and so forth. The lives of most of them are in turmoil anyway and no matter what you did in the month of June you would have great difficulty (a) in getting them terribly interested in elections as a priority and (b) trying to get arrangements that would suit them because some examinations end early, some end late and some people have to hang around and so forth, so I do not think June is a problem which can be realistically sorted out.

Senator Upton made a central point in regard to September. If we are serious about having a provision for students to register in a flexible way, then the month of September is a nonsense because, like June, it is the other odd month, students are not around. They are recovering from the experience of working. The Minister gave a commitment that the Department would seek to be flexible and if, between now and Report Stage, the Department could look at ways in which this September barrier could be overcome, it would be helpful. There is no party difference on this; we all want to see to this provision as flexible and as wide as possible, and working within the law.

The Department should look at the whole question of whether the registration of votes at third level institutions could become, in effect, institutionalised in October because all third level institutions now have fairly massive freshers' days and very sophisticated internal communications. There is no great difficulty about liaison between, say the third level institutions acting as a bloc and the Department, so some sort of scheme could be put in place. We cannot mollycoddle students either, but if there is some sort of a scheme whereby information will be available, a place where they can register, make the choice, it is just one of the many other things that students would do at the beginning of the year. However, September is not a suitable month; if it could be a month later the problem would be solved.

I agree with the first point Senator Manning made. With respect to Senator Upton, he is doing the student body a disservice in saying that they are not politically minded. I think they are just as politically minded — no more or no less — as the rest of the population and they reflect that in their attitudes. It is not fair to say that they will saunter into a polling booth just because it is there. They are as committed to the voting system as any other section of the population.

It is not a question of mollycoddling the students or of doing them a disservice. The reality is that if this Bill goes through as it is, even the most seriously committed Fianna Fáil supporters — they are the most committed so we will talk about them — more than likely will not know in September where they will be living when they come back to college. How then can they register?

They always go home to vote.

How can they register? In other words Senator Upton is saying that they will only have one vote. Senator Manning said that students tend to vote in the same way as other people; I am sure he is right but my concern is much more fundamental because I am not in party politics. If we want to bring up responsible citizens it is wrong to put these obstacles in their way, and not to encourage or make it easy for them to vote.

I hope that if the Minister is genuinely concerned about facilitating everybody — not only students — he will not put stumbling blocks in their way but will go back to the system where they could vote. What is wrong — I do not think we have been told — with the line "people to be registered in two places"? How many people will vote in two places? Very serious penalties for such offences have always been in place. We all remember the famous Pat O'Connor case. I have seen personation only once, sombody trying to vote in another person's name in Oakley Road. It may go on in the country but in Dublin, in my experience, there have been very few cases of people trying to vote twice.

Mr. McGovern

I take exception to that remark, a Leas-Chathaoirligh.

The people on the other side are talking about County Clare but I am not saying that that is the case. I am trying to be helpful to the Minister. What is he worried about if he will not allow these students to be registered twice over?

I have to wear my local authority cap as well: do we expect the local authority, the registration authority whose job it is to compile this register, to look at the register and pick out the people they think might be students? Will they have to try to find out where these students are and to what third level college they have gone? If they have to come to Dublin, if that can be established and they may be registered. How are they then going to find out? It is putting a huge burden on the Minister. I do not know whether there will be any penalties if the local authorities do not get it right. It is asking a lot of them. How are they going to find out where these students have gone? I would like the Minister to explain to me how they are going to do it.

I am sure students have a much better idea of where they will be in September, whether there is an election or not. I am not in a position to say where I may be. I would also like to point out that the month of September is when the preparation of the register commences. The draft is published on I November, so they have up until the end of October to register.

The purpose of the electoral arrangements is to enable electors freely and effectively to exercise a choice as between the different parties and candidates presenting themselves at an election. There is an obligation on the Legislature to ensure that what emerges from an election is the reflection of the real wishes of the electorate and that the results are not distorted by electoral offences. In any situation therefore where the possibility of electoral abuses arises it is essential that sensible precautions be taken to safeguard against that possibility. The responsible Minister and the Legislature would be shirking their obligations if they failed to build such safeguards into the electoral procedures.

There is no allegation that students or other categories who could under existing law be registered at more than one address would abuse the situation. It is necessary, however, to look at the matter quite neutrally and dispassionately. Experience here and elsewhere has shown that where the possibility exists of influencing electoral results by unorthodox methods, someone, somewhere, will be tempted to use such methods. We would be remiss if we failed to provide sensible safeguards. I hope, therefore, that the House will agree that the retention of section 11 (1) is essential and I would ask the Senator not to press this amendment.

Is the amendment being pressed?

Question "That the words proposed to be deleted stand" put and declared carried.
Amendment declared lost.
Amendment No. 13 not moved.

I move amendment No. 14:

In page 18, lines 46 to 48 and in page 19, lines 1 to 31, to delete subsections (5) and (6).

This amendment deals with people who are in homes and similar type institutions. Essentially, what we are trying to do with this amendment is to allow those people to be registered either at their own home address or at the address of the institution in which they are being cared for. It is to provide them with a degree of choice. As I understand the present provisions, they are restricted to being registered in their home address rather than in the address of the institution. It is simply to give them an element of choice in much the same way as choice is being extended to students to register at the college or at their parents address.

Amendment No. 14 proposes the deletion of subsections (5) and (6). If the amendment is agreed to it would mean that registration authorities would have no guidance whatever in dealing with the registration of the categories concerned. However, if subsections (5) and (6) were deleted it would probably result in registration of the categories covered by them at the place they are detained. In so far as the registration of hospital personnel is concerned I think the House will agree that it is sensible that such electors should be registered there. While the provisions of sections 7, 8, 9 and 10 in relation to the registration of an elector in a constituency or local electoral area may be adequate to deal with the registration of such electors, it is desirable that this provision should be retained to put the matter beyond doubt.

With regard to registration of prisoners, they are currently registered at their home address, that is, the address at which they resided before going to prison. It must be remembered that the vast majority of prisoners are short term and that, having regard to the fact that a period of 18 months elapses between the qualifying date for a register and the expiry date for that register, many prisoners will have completed their term during the lifetime of the register. Registration of prisoners at the prison where they are detained would be a pointless exercise unless special voting arrangements were put in place to allow them to vote. Many categories of electors have difficulty in voting on polling day. Apart from a very limited category of electors — security forces, diplomats and disabled voters — it has not been possible to devise special arrangements to allow those other categories to vote which would be secure, flexible and practical to operate.

It might assist Members of the House if I give a brief outline of the background to the existing arrangements in relation to mental hospital patients, which is repeated in sections proposed for deletion. Prior to the enactment of the Electoral Act, 1963, mental hospital patients were precluded from registering in the hospitals or institutions in which they were patients. Short-stay mental patients were registered at their home address and long-stay patients were normally not registered at all. The Oireachtas Joint Committee on Electoral Law, which reported in 1960-61, recommended that persons resident in county homes and similar institutions for long periods should be registered there and that the distinction between physical and mental illness should cease to be a factor in electoral law. The Electoral Act, 1963, provided that long term patients and inmates in hospitals, including mental hospitals, would be registered there and that short term patients would be registered where they would normally be residing on the qualifying date. This had the effect that long term mental hospital patients would be registered at and be assigned to a polling station in the polling districts to which the hospital was situated.

Following the 1965 General Election, the first election held after the enactment of the 1963 Act, there was considerable concern in relation to the voting arrangements for mental hospital patients at polling booths situated in or adjacent to those mental hospitals. The consensus then was that the new provision regarding voting by mental hospital patients had proved unsatisfactory in practice and that it would be desirable to revert back to the pre-1963 arrangements. The Electoral (Amendment) Act, 1966, introduced the existing arrangements in relation to the registration of mental hospital patients. The 1966 Bill was introduced on the basis that there was all-party agreement on the need to change the system of registration of mental hospital patients in the light of the experience at the 1965 election and it was welcomed by all sides of the House.

The trend in the past decade has been to pursue a policy involving a shift in psychiatric services from the institutional to a community-oriented service. This has involved the establishment of hostels and community residences for mental patients throughout the country. Patients now residing in community residences are registered in the normal way in respect of these residences. The number of persons detained in mental hospitals has progressively reduced over the years. For example, in 1983 a total of 9,182 patients of voting age were detained in mental hospitals; in 1990 that figure had dropped to 5,744 and the reduction is continuing.

I hope in so far as the registration of mental hospital patients is concerned that Senators will accept that the existing provisions were enacted on the basis of experience in the operation of the system and, while it may not be perfect, it strikes the correct balance in all the circumstances. The present system was designed essentially to protect mental hospital patients from the kind of pressure and indignities they were subject to when registration at the hospital was permitted. I think the House will agree that short-stay hospital patients in non-psychiatric units should continue to be registered at their home address. I would, therefore, ask the Senator to withdraw the amendment.

I feel fairly strongly about this amendment. Essentially what we are asking the Minister to do is to delete this section and leave the option to the patient, inmate or prisoner to make a choice as to where they deem their residence to be for the purpose of voting in an election. That is only proper considering the choice that is available in section 11 (1) (b) "subject to any expression of choice by such person, be determined by the registration authority". We would like to have the situation where this would also be subject to the expression of choice by the resident in an institution, either in a hospital or in a prison, and I really do not see any reason it should not be so.

Take, for example, a prison situation. It would seem eminently resonable that somebody serving a sentence in excess of a few months would be resident for a period during which an election could take place and the likelihood of their actually exercising the franchise at their home address would be very small. What we should be doing — and I think this had been the attitude on this side of the House all along — is facilitating to the maximum degree the exercise of the franchise, because we are concerned with extending democracy as far as possible. I also think it would have a very substantial rehabilitation function. The fact that somebody would be encouraged to vote within the prison confines, or the hospital confines, would give them an extra interest and awareness that would be beneficial to them, because it would mean they would be taking an interest in what is going on outside; and of course that is one of the greatest means of alleviating boredom and facilitating rehabilitation and a return to the community.

It certainly seems to me that it would be eminently reasonable to allow the people to express their choice as to where their place of residence in respect of registration should be. From that point of view I think it would be best for the Minister to delete this section so that this will be possible. Again, I could suggest how the Minister that could be done. It is very easy, for example, to exercise the franchise by having a polling booth within prison walls or within hospital walls. It is a simple matter; or you could have a postal ballot. The option is there and the actual facility is there; it is only a question of allowing it within the legislative framework.

I for one do not stint in my admiration and praise for Senator Costello's work on behalf of prisoners over the years, but I have great difficulties with what he is proposing. Rehabilitation is an important aspect of prison, but I would also have a fairly old fashioned view on this. I would have thought that where a person has been found guilty of a major crime and where it has been deemed fit that that person would lose her or his rights for a particular period of time——

The right to liberty.

The right to liberty but also the right to vote. I bow to the Senator's superior knowledge and his obvious concern in the matter; but, in a very old fashioned way, to me a sense of punishment of some sort is also involved. If we talk to some of the people who are suffering at the hands of criminals at the present time — the victims of crime — and the word goes out from this House that we are so concerned that we actually want to have special polling stations in Portlaoise and Mountjoy where Dominic McGlinchey and company will be given the right to vote despite the heinous crimes they have committed, I would find, and I think the ordinary humane person outside would find on this particular issue that it was a step too far. They would say yes, do everything in your power when it comes to their rehabilitation, but this is a symbolic action and it must stop there.

I feel I have to support Senator Manning. I am sure Senator Manning would agree that we are not by any means saying that we should not try to rehabilitate prisoners, but we have to draw the line at some stage. It may be ignorance on my part, but I was always of the opinion that once you were sent to prison you automatically lost the right to your franchise and that it was not the question of having polling stations in the prisons or anything like that. If we reach the stage where we are going to provide polling stations within prisons, we will have to take a hard look at ourselves and ask exactly where we are going, because the people who have been victimised through the acts of people who have been sent to prison would not look to kindly at legislators who were providing a facility which many of those victimised could not avail of because of the very act of victimisation. I definitely would agree with Senator Manning. Perhaps, as he said, we are old fashioned, but that is the stark reality and I would be very slow to change that attitude.

This amendment deals with where certain categories of electors may register. The voting aspects as Senator Costello said, are covered in other amendments and we will deal with them at a later stage. I must oppose any change in the arrangements in relation to prisoners and mental hospital patients. However, I would like an opportunity to give further consideration to patients and inmates in ordinary hospitals and institutions, as well as hospital workers, and perhaps come back to the matter on Report Stage.

May I correct one or two points that have been said and comment on what the Minister said? The sanction of imprisonment is the loss of the right to liberty, and that does not imply the loss of further rights, as some Senators have suggested. If we were to go logically down that road it would mean that you would forego all your rights once the doors close behind you in prison, or in a mental institution. That is a very dangerous approach for anybody in any democracy to think about; next thing we will be talking about education or health rights. Where do we stop?

Where it does not place an imposition on the State that cannot otherwise be catered for in a reasonable fashion we should — I will not say err on the side of generosity — veer towards facilitating those with an interest in voting. I think it would be very useful.

The Visiting Committee's report on Mountjoy was published today. The conditions there are described as appalling. They describe the overcrowding, the segregation, etc. The Visiting Committee members — all of whom were appointed by the previous Minister for Justice — have said that people concerned with the prison system should have to come into it to see what the conditions are. What better way is there than having a public representative listen to the complaints and for the inmates to be aware of what is going on in the political life outside. That could not but be beneficial and I would urge that the matter be considered.

Almost 50 per cent of those who were supposed to attend the first Dáil in 1919 were in prison, which was indicated by the phrase "Faoi ghlas ag Gallaibh".

They were there for a different reason though.

For whatever reason. Far be it for me to suggest that political prisoners in Portlaoise or those in Northern Ireland—

I am simply saying there should not be any discrimination and that we, as a civilised society, must ensure that the definition of imprisonment is simply the loss of one right, the right to liberty, and we should build on ensuring that the other rights are enhanced.

As I said earlier, I cannot agree with the changes in relation to prisoners and mental hospital patients but I am prepared to look at the categories referred to in the provision.

Question, "That the words proposed to be deleted stand", put and declared carried.
Amendment declared lost.
Question proposed: "That section 11 stand part of the Bill."

I welcome the granting of absolutely clear election rights to members of our Defence Forces. I understand that in the past there has been some confusion in regard to certain groups of our Defence Forces. If I read section 11 (4) (a) correctly, it means that all members of our Defence Forces, proudly wearing their Irish uniforms, will have the right to vote. I am delighted that this is so positive. I welcome unreservedly the granting of this right to members of the Defence Forces.

I, too, welcome this provision. I would like to ask, does this mean that those who are serving abroad will retain the franchise and that arrangements for this will be made? I think it is very important. I know that at times we can make good cases in relation to other categories of people serving the nation outside the jurisdiction, but there is no more deserving group than members of our Defence Forces. They should have their full entitlements when they are representing this country and its proud traditions abroad. I want to ensure that special arrangements are made to bring back their votes.

Section 11 (3) (a) states: "a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up". Is there any reason the figure of 18 months was chosen? If that period was extended to, say, three years would that go some way towards meeting the anxiety and the concern of those who are pleading on behalf of the emigrants? Is there any reason — I am not suggesting this but I want to know theoretically — why it could not be five years? I am saying that because five years was the figure suggested by Senator Upton during which emigrants should be allowed to vote.

I support the point made by Senator Hederman. There is that time scale of 18 months and it would meet some of the pleas made from this side of the House if that period of time was extended. Eighteen months is a short period of time. It certainly would not seem unreasonable that it could be doubled or trebled and still would not be an unreasonable period of time. Perhaps the Minister might look at that again on Report Stage.

The second point I would like to make is in relation to section 11 (1) (a) which states: "A person should not be registered as an elector more than once in the registration area nor in more than one such area". I cannot see why the Government should see fit to overturn the Quinn v. Waterford Corporation case in this respect considering that it was a Supreme Court decision and that students in particular are in a very even situation, namely, that third level students spend approximately six months in their residence and six months working or attending at college. This would seem to be an area where it would seem reasonable for the legislation to facilitate students, particularly when they went to the trouble of specifically taking the action, winning the action and being complimented by Judge McCarthy for their initiative in ensuring that they got their entitlements in relation to exercising their franchise. I would have thought that the Government and the Minister would appreciate that point, seeing that the case only took place in 1990. Perhaps the Minister might look at that again for Report Stage.

In relation to Senator Costello's points, I think we have already covered them in detail. In relation to Senator Hederman's question about going beyond 18 months, the answer is that there could be a constitutional problem in relation to that.

Question put and agreed to.
SECTION 12.
Amendment No. 15 not moved.

I move amendment No. 16:

In page 20, subsection (1), line 5, after "spouse" where it secondly occurs, to insert "or partner".

This is a kind of perennial amendment: it keeps on coming up. At present members of the Diplomatic Corps or whoever qualify for votes because they are spouses. The amendment seeks to provide in the cases of people who are simply partners as distinct from being spouses that they would also qualify; in other words, people who have an established relationship with someone and who in effect are filling much the same functions as spouses but cannot be termed spouse because of the restrictions in the Constitution and so on here. We are simply suggesting that they be treated in the same way as somebody's spouse and have the same rights for casting their vote in this country as is given to the spouses of diplomats and similar people who are outside the country at election time.

Under section 12 a person who is a diplomat attached to a diplomatic mission abroad and the spouse of that person are deemed to be ordinarily resident in this State for registration purposes and under section 14 such electors may vote by post. The actual voting takes place under the supervision of a person appointed by the Secretary of the Department of Foreign Affairs. The amendment provides that either a spouse or a partner resident with the elector shall be deemed to be ordinarily resident in the State and therefore, entitled to be registered as an elector.

I take it that this amendment is designed to cover the case of cohabiting couples. The privileges and immunities guaranteed under the Vienna Convention conferred on Irish diplomats posted abroad by the Diplomatic Relations and Immunities Act, 1967, extended only to the diplomat and members of his family resident in the household. I think that the conferring of a right such as the right to vote by post should also continue to be on the basis of a family member who is related to the diplomat, in this case his or her spouse. In any event the word "partner" is much too vague to be used in this context. The word can denote a partnership of any kind — in business, for example, or in any enterprise whatever. When this provision was drafted in 1986 — by a Labour Attorney General, as it happens — it is quite clear that it was intended to cover the normal household arrangement. I think this would continue to be the intention at this stage.

I appreciate what the Minister has said. Since the drafting of this provision in 1986 there have been considerable social developments. Irish society has changed more dramatically in the last five or six years than it had over the previous 20 years. Social welfare legislation contains a clear recognition of partners other than spouses, referred to there as a "common law wife" where the partner is female. That would resolve any difficulty about wording but the issue here is the recognition of stable relationships other than marriage in all legislation. We must ensure the integrity of our legislative provisions. If a term is used in social welfare legislation, why should it not also be used in electoral legislation? The Minister might have another look at that.

I hope the Minister will have another look at this as Senator Costello recommended. These situations are catered for in welfare legislation and I cannot see why, with some imagination, we would not provide for the same contingency here.

I am not too pushed about the rights which the Vienna Convention extends to the families of diplomats in this matter. We are concerned only with the voting rights of people who are effectively the common law spouses of Irish diplomats. I have no doubt that the Minister is correct when he says that a Labour Attorney-General drafted this provision originally. The amendment was drafted by a distinguished labour lawyer who provides considerable advice to the party but moves on and sometimes labour lawyers differ.

The word "partner" is too vague and is capable of too many meanings to be used in this context. For example, if two or more persons were joint tenants of a house or apartment they could probably be described as partners even if there were no other relationship between them. Clearly this is not the intention of the legislation. "Spouse" on the other hand, even if its primary meaning denotes a marital relationship, is probably capable of being interpreted widely enough to cover less formal relationships.

No representations have been made to my Department or to the Department of Foreign Affairs on this matter by any of the electors concerned or anybody acting on their behalf, nor am I aware that any registration authority has encountered any difficulty in this regard. We must also take account of the fact that we are dealing here with a very small number of people, about 300 in all, consisting of civil servants and their spouses and it would be insensitive for the Oireachtas and the Government to give public indication of their belief that this small number of public servants are or may become involved in irregular relationships.

We do not say it happens but we are endeavouring to provide for the possibility that it could happen. As for the Minister——

Acting Chairman

The Senator should not be encouraging it.

We in the Labour Party try to be people of the world and we have observed this reality in recent times; hardly a day goes by but we hear of new cases. In relation to the Minister not being in receipt of representations on this matter, that comes as no surprise to me. I am sure many of our diplomats come from the fine old school of "Yes, Minister" etc. and representations, if they were made, would be obscure. It could take months or years for the Minister to be given the message from the diplomatic world in relation to these matters. A lack of representations from that quarter does not affect my argument. Given my inability to understand and interpret diplomat speak, I would not like to try to interpret representations from the diplomatic corps. That is a complex art form and I suspect one would need ten or 20 years experience in the Department of Foreign Affairs to be able to understand representations from that quarter.

A lack of representations on this matter is not remarkable. I would be extremely surprised if representations had come from the diplomatic corps on this matter because it would imply the existence of relationships that might not be looked on in the best possible light by other echelons of society. We are talking about a principle irrespective of the extent of present requirement for it.

In other legislation there is provisions for common law wives. We do not insist on the word "partner"— I accept the Minister's contention that the word "partner" could mean different types of partners. Our meaning is a partner in a stable relationship. There is no reason a common principle regarding this matter should not underpin all legislation. If we can recognise a certain status in some legislative provisions, why can we not do so elsewhere, particularly when extending the right of franchise? It is not beyond the powers of a draftsman or woman to come up with suitable terminology that would encompass what we are seeking here.

Amendment put and declared lost.
Section 12 agreed to.
SECTION 13.

I move amendment No. 17:

In page 20, subsection (1), line 40, to delete from "Dáil" where it first occurs to the end of the subsection and substitute "persons entitled to vote at local elections, it shall be the register of local government electors, in so far as it relates to Dáil elections, it shall be the register of Dáil electors and in so far as it relates to European elections, it shall be the register of European electors.".

Amendment put and declared lost.
Section 13 agreed to.
SECTION 14.

Acting Chairman

Amendments Nos. 18, 19 and 20 are related and may be discussed together.

I move amendment No. 18:

In page 21, line 13, after "date" to add ", or

(d) a person on the special voters list, or

(e) a prisoner, or

(f) a person whose occupation renders their presence on polling day in the constituency in which they are registered unlikely".

This amendment deals with postal voters and proposes to extend the privileges of postal voting to additional groups. We want to extend it to people in prison so that they can have their say in how the country is run. As Senator Costello said, people in prison are deprived only of their rights to liberty; they retain other rights and we would like to see prisoners retain their rights to vote which would necessitate awarding them a postal vote.

In addition, we also propose that people whose occupation renders their presence on polling day in the constituency in which they are registered unlikely should also be given a postal vote. We are talking here of people away on business or for some other reason at election time but who normally reside within a constituency. We would like to see these people being enabled to vote. Certain occupation groups are away on business mid-week which is when elections are normally held on a Wednesday or Thursday. Both days present considerable difficulties for people travelling to the country or who might be out of the country briefly on business. These people should be entitled to cast their votes being full participants in Irish society but on polling day are unable to be present in their constituencies.

I support this beneficial amendment which the Minister should take on board. Each of those categories has legitimate claim to a postal vote. Since the special voters' list was introduced in the early eighties there have been regular complaints from those who have benefited from it — if that is the word; they claim to have been subjected to a considerable degree of humiliation having to vote in the presence of a garda, having their vote supervised rigorously and their home invaded by a Garda officer.

While improvements are made in this Bill in relation to the special voters' list its modus operandi is not satisfactory. I would like people on that list to be given the option of a postal vote in the same manner as diplomats, gardaí and members of the armed forces.

Second, the amendment requesting voting facilities for prisoners is an extension of a previous amendment. A prisoner should be entitled to vote on the grounds that prisoners are deprived of a single right, which is the right to liberty, and are therefore by implication entitled to all other rights. The State has a duty to ensure that voting facilities are provided for prisoners and if there is a problem with installing a polling booth within a prison wall or within a hospital which might also be necessary, prisoners and patients could be provided with a postal vote. There is no reason that could not be done in those cases. The involvement of the prison governor would help to ensure that the system was not abused. This provision would ensure that the franchise was given to those subjected to incarceration whether convicted or remanded without conviction.

The third category requiring a postal vote are those who cannot be present on polling day in their constituency. I referred to this category in other amendments; it includes commercial travellers, merchant seamen, travelling sales people and the itinerant community on which I would like to hear the Minister's comments. I wonder if our legislative drafts-people have considered that category. Our itinerant population is significant and I wonder if they will be considered for a postal vote seeing that they are, by and large, of no fixed abode?

It is desirable that commercial travellers and others whose occupation renders it difficult for them to vote at home on polling days — normally Wednedsays and Thursdays — and be facilitated by some means. Commercial travellers, merchant seamen and other groups who work away from home should be allowed to avail of a postal vote. Mention of Wednesday and Thursday brings me to a point which may be more properly addressed later, but I ask the Minister to consider holding some future election or referendum on a Sunday to see, first, if it would attract a greater turnout of voters and a more representative result and, second, to facilitate occupational groups who work away from home mid-week.

The extension of postal voting to other groups would necessitate drawing up rules and regulations and I am sure that Senator Costello's complaints could be examined there. People are glad to be included on the special voters' list instead of losing their vote through physical immobility, as happened prior to the lists inception. We need to look no further than ourselves in the Seanad election. It is not a daunting experience for us to go before the Clerk or to a county manager and we could not claim we were subjected to intimidation or had our constitutional rights infringed; I think that some of these complaints against the Garda may be exaggerated. I ask the Minister to consider awarding bona fide commercial travellers a postal vote.

It is a waste of Garda time to have to make themselves available to provide special voter's list service. There is no problem with Garda behaviour; I have nothing but praise for their way of dealing with people in those circumstances, but it imposes unfairly on gardaí and special voters alike.

I want to take up with the Minister the question of polling station workers, presiding officers and polling clerks and their entitlement to vote. If they are employed in polling stations other than where they would vote themselves, they are at present unable to vote and wonder if there is provision to cover that difficulty in another part of the Bill? If not, those people should also be given a postal vote. I gather that this group numbers about 10,000, a large number of whom are consequently disenfranchised.

It is annoying for people to work in a polling station; maybe two miles from the polling station where they have their own vote, and to be unable to vote because of their obligations to work from the opening to the close of poll. I would like to hear the Minister's views on that matter.

The Labour amendment is the better of the two. While commercial travellers and merchant seamen would obviously be included in the intention of both, it is a mistake to single them out. What about lighthouse keepers? A small number remain who serve at the lighthouse for two weeks at a time. Would they be entitled to a postal vote if an election took place while they were on duty. One can think of other categories.

I support the suggestion that itinerants should have a vote and be facilitated accordingly. Quite clearly by their very definition of their name indicates, that the majority of them are on the move. I know that Ministers have tried in other years to have voting facilities provided for itinerants. They have not always been supported by local politicians who often side with members of the settled community who do not want itinerants to have voting facilities. If itinerants had the vote it might oblige unsympathetic politicians to consider them more seriously.

We try to enable persons to vote rather than make it more difficult for them. I know the Minister and his Department have to cross t's and dot i's and make sure people do not vote illegally but a little flexibility would be helpful.

In Tralee and north Kerry generally travellers are registered. On that basis if we were to accept these amendments we would have to include fishermen, doctors and medical people who might be out of the area at polling time. There would be no end to the number of amendments one could accept in a situation like this.

Polling staff are covered by section 99. Section 14 of the Bill restates existing law specifying the categories of electors who are to be registered as postal voters. The categories are members of the Garda Síochána, the Defence Forces and diplomats posted abroad and their spouses resident with them. Amendment No. 18 proposes that in addition to the categories already provided for, disabled voters, prisoners and electors unable to vote in person on polling day because of their occupation should also be registered as postal voters.

Amendments Nos. 19 and 20 propose the extension of postal voting to commercial travellers and merchant seamen. As the House is aware, special arrangements are in operation to enable a disabled elector to have a ballot paper delivered to his or her residence by a special presiding officer accompanied by a member of the Garda Síochána to vote. This arrangement, introduced in 1986, operates satisfactorily and is free from the disadvantages associated with postal voting. The amendments envisage an open-ended system for postal voting available to those such as commercial travellers and fishermen who, because of their occupation, may be unable to attend in person at the polling station to vote. It is envisaged that the facility would also be extended to the disabled and to prisoners.

In considering the question of extending postal voting serious consideration has to be given to the protection of the secrecy, security and integrity of the ballot. Unless these can be maintained the whole purpose of voting and the legitimacy of elected bodies can be called into question. Experience here and elsewhere has show that postal voting is open to abuse. An extended system of postal voting was introduced for the 1974 local elections. Electors unable to vote in person due to illness, disability or the circumstances of their employment were entitled to vote by post. Having regard to the experience at the 1974 elections additional provisions to safeguard against abuse were introduced in 1985. Despite these additional safeguards there was abuse of postal voting at the 1985 elections. In introducing special voting arrangements for disabled voters in 1986 the Oireachtas, in effect, decided against an extension of postal voting. I think circumstances have not changed in such a way as to warrant a rethink on this question. I ask the Senators not to press this amendment.

The Minister has adverted to one major consideration for not extending the right to vote to other categories other than the diplomatic service abroad, the Army and the Garda and that is that it might be subject to abuse. I would like the Minister to answer how a facility could be subject to abuse if operated in a prison? How does he think the disabled would abuse the system? How could a merchant seaman or a commercial traveller abuse the system? I would like examples of how abuses might take place.

A postal voting system operates in many countries and in Scandinavia there is a broad exercise of the franchise by postal vote. We may be less honest in the way we do our business but I am not sure if the Minister implies that. Other countries do not seem to have a problem with an extension of postal voting. In the 1985 local election there was one incident of abuse in one constituency. A single case should not be sufficient to prevent an extension of postal voting.

Fine Gael will press amendment No. 19. I detect a reluctance on the part of successive Governments to make worth while efforts to facilitate commercial travellers. Voting is generally held mid-week and the commercial travellers must be away from home at that time. It is grossly unfair. Much has been said here about extending the vote to emigrants but we should ensure that people living in the country can vote. Commercial travellers are not the only neglected category.

While I agree with the Minister that polling station staff are dealt with under section 99, they are not satifactorily dealt with. It provides for a returning officer employing somebody in their constituency but in a polling booth other than the one the employee is entitled to vote in. That may suit most people in the country and in the Minister's own constituency but in the cities, particularly in Dublin, many people are employed in constituencies other than their own. They may serve in a polling booth down the road from where they live but it may be located in a different constituency and that contingency is not adequately dealt with in section 99.

If the Government are seriously considering giving representation or votes for emigrants there must be a method of facilitating commercial travellers. It is baffling that a person living in Carlow who travels for work reasons to Donegal must travel back to Carlow on polling day. Thousands who leave Dublin to work in other parts of the country are denied their right to vote unless they make the journey back and receive time off from their employers. Surely they could be given the postal vote even if we were to extend the present scheme which applies to disabled persons. I accept that it may be expensive to do that, but something should be done. Thankfully, there is not a great deal of apathy here when it comes to elections with the result that we have become complacent about giving the vote to as many people as possible. We should forget about extending the vote to emigrants until we ensure that everybody in the Sate on polling day can cast their vote and that no fault lies with the Government or the Minister in that regard. It is unreasonable to expect a commercial traveller who leaves Dublin on a Monday morning to come back on polling day to cast his or her vote. The Minister should make greater effort to facilitate commercial travellers.

Reservations about postal voting are not confined to the Government or this party. The former Deputy, John Boland, as Minister for the Environment, said in the Official Report of 4 December 1986, at column 515:

However, the sad and inescapable conclusion to be drawn from experience at these two elections is that postal voting is open to abuse, that it has been abused and that there is every likelihood that it would continue to be abused. It is equally clear that it is not possible to devise safeguards which would guarantee the elimination of such abuse.

In France and Belgium postal voting was abandoned on the grounds of abuse. In Northern Ireland, irregularities in relation to postal voting are legendary and I understand that the necessary power to suspend postal voting there has been enacted and may be brought into operation at any time. The bottom line in regard to postal voting is that it is not possible to extend to the postal voter and his ballot paper the guarantee of secrecy, security and integrity which is provided at the polling station. Until a way can be found of doing this, an extended system of postal voting is unlikely to commend itself.

This is the point I have been trying to make and not because the former Minister, John Boland, was involved. I would fault him as much as I would fault any Minister for not making an effort. He was an excellent Minister, but it is extraordinary that we are considering giving votes to those who emigrate but we cannot provide votes for those in the country. What is the difference between councillors voting in Seanad elections and providing voting facilities for commercial travellers? It baffles me that we cannot at least reduce the number of those who are prevented from voting, because that is what we have done by not providing voting facilities for commercial travellers. It is unreasonable to expect a person to run the risk of reducing his income, or even losing his job, if he travels from Galway to Dublin to vote, simply because we cannot find another way to give that person a vote. The date of polling and names of the candidates are known well in advance. We can forget about giving the vote to emigrants if we cannot give it to the people in the State.

I would like some encouragement from the Minister that he will consider this matter between now and the next time we discuss this Bill or that in his term of office he will introduce a Bill enabling most commercial travellers to cast their votes on polling day.

Did the Minister or his Government ever think of making voting compulsory and that one would be fined for not voting, as is the case in Australia and other countries? If voting was compulsory there would be far more pressure on the Minister to be more flexibile and to make it easier for people to vote. People would not be prepared to put up with the present situation.

That is not the position here and I have no intention — and I am sure the Government have no intention — of making it compulsory to vote.

I make no apology for stressing the need for safeguards against abuse. An election affected by abuse is not a real election and does not reflect the will of the people. We know that under our system a very small number of voters can make all the difference. There is a strong obligation on the Oireachtas to make sure that the safeguards are adequate. I want to make it clear that it is not those to whom the postal vote is given who are likely to abuse the system. The danger is that they would become victims of abuse. It is true, of course, that some categories and individuals would be in a better position to resist abuse than others. However, we must not put ourselves in the position of having to make this kind of judgment, nor am I saying that we are more prone to electoral abuse than others. Under our system and in our circumstances, electoral fraud, even on a very limited scale, can have a significant effect.

The Minister has said on a number of occasions that an election with abuse is not a real election. I accept that, but is an election a real election if vast numbers of those who should be able to vote are prevented from doing so? Is that a real election, to use the Minister's terminology? I do not think it is.

Will the Minister explain how he can give votes to those serving in embassies abroad? We can get postal votes from people in Rome, Berlin or other European cities but we cannot get a postal vote from Donegal to a Dublin or Cork constituency.

Senator Hederman spoke about votes for itinerants. My experience is that itinerants have been given votes provided they are settled, but they do not use them. Very few itinerants cast their votes. We went to endless trouble in County Dublin when we got them settled in halting sites to give them the vote, but only about I per cent cast their votes.

That is an unwarranted statement against itinerants. The reality is that vast numbers of other people do not cast their vote. The inference is that itinerants are different. I know the Senator's views.

I think I have covered this. Travellers — as they prefer to be called — in my area, are registered and voting; I am glad to say I secure some of their votes.

Amendment put.
The Committee divided: Tá, 18; Níl, 24.

  • Cosgrave, Liam.
  • Costello, Joe.
  • Doyle, Avril.
  • Hederman, Carmencita.
  • Howard, Michael.
  • Jackman, Mary.
  • Kennedy, Patrick.
  • McDonald, Charlie.
  • McMahon, Larry.
  • Manning, Maurice.
  • Murphy, John A.
  • Neville, Daniel.
  • Ó Foighil, Pól.
  • O'Reilly, Joe.
  • Raftery, Tom.
  • Ryan, John.
  • Staunton, Myles.
  • Upton, Pat.

Níl

  • Bennett, Olga.
  • Bohan, Eddie.
  • Byrne, Sean.
  • Cassidy, Donie.
  • Conroy, Richard.
  • Dardis, John.
  • Doherty, Sean.
  • Farrell, Willie.
  • Foley, Denis.
  • Haughey, Seán F.
  • Honan, Tras.
  • Hussey, Thomas.
  • Keogh, Helen.
  • Kiely, Dan.
  • Lanigan, Michael.
  • Lydon, Don.
  • McGowan, Paddy.
  • McKenna, Tony.
  • Mooney, Paschal.
  • Mullooly, Brian.
  • Ó Cuív, Éamon.
  • O'Keeffe, Batt.
  • Ryan, Eoin David.
  • Wright, G.V.
Tellers: Tá, Senators Upton and J. Ryan; Níl, Senators E. Ryan and Haughey.
Amendment declared lost.

I move amendment No. 19:

In page 21, between lines 13 and 14, to insert a new paragraph as follows:

"(e) a person prevented by his occupation as a commercial traveller from voting in person.".

I will have to press amendment No. 19 because I have pleaded with the Minister for some indication that he would give consideration to extending the vote for commercial travellers.

Amendment put and declared lost.

I move amendment No. 20:

In page 21, between lines 13 and 14, to insert a new paragraph as follows:

"(f) a person prevented by his occupation as a merchant seaman from voting in person".

Amendment put and declared lost.
Section 14 agreed to.
SECTION 15.

Amendment No. 127 is consequential on amendment No. 21 and both may be discussed together.

I move amendment No. 21:

In page 21, between lines 19 and 20, to insert a new subsection as follows:

"(2) Subject to sections 7 to 10, a person who reaches the age of eighteen years after the specified date for the coming into force of the register of electors and before the expiry of the said register shall on reaching the age of eighteen years be entitled to apply to be entered on the said supplement.".

The period of registration for an elector is far too long and every effort should be made to shorten it. It means that a person who becomes 18 years of age in September and has the resident qualification is not entitled to be on the register, or will not have a vote, for almost 18 months. That is ridiculous. We should have a supplementary register within six months after which an opportunity should be given to those how reach 18 years on 1 September, or in the six month period afterwards, to register. Alternatively we should ask people to register when they reach the age of 17 years even though they would not be entitled to vote until they reach the age of 18 years. Most, if not all, of us have come across cases where a person who is not 18 years is on the register on election day because a number of them slip through the system. Advice is given to boys and girls when they reach the age of 17 to register. I see nothing in the regulations which forbids them from doing so. Indeed, I have occasionally given advice to people to register when they reach 17 years of age because they only commit an offence if they vote before they are 18 years old. I would like to hear from the Minister if any effort is being made to shorten this 18-month period.

Under section 15 as drafted only persons who were entitled to be registered on a qualifying date, but were not so registered, are entitled to apply for entry in the supplementary register. The secton provides a mechanism whereby electors who should have been included in the first place can be added to the register. The essential consideration is that the persons concerned must have been eligible from day one. Under the section as drafted, no account may be taken of subsequent events. For example, the section will not cater for people who change their address during the lifetime of the register or people who return home after a period abroad; nor is it intended to cater for people who reach voting age after the coming into force of the register.

Amendment No. 21, in the name of Senator Naughten, would enable a person who reaches 18 years after the coming into force of a register to apply for entry in a supplementary register on reaching that age. The question of principle involved here is whether a person should have a right to be included in the register as soon as he reaches the age of 18 years. This question was argued at length under amendment Nos. 6 and No. 9, mistakenly I believe, because the amendments would not have achieved the objective desired. It is for the Chair to decide whether repetition of those arguments is appropriate now.

The provision in section 15 in relation to the supplementary register is basically a safety net to catch those eligible electors who should have been included in the first place. This amendment, if accepted, would depart from the principle on which the section is based. That principle is that the applicant for inclusion in the supplement must have been eligible when the register was being compiled. If we depart from that essential principle in relation to the elector's age then it would be only logical to depart from it also in the case of an elector who changes residence or who returns from abroad. We should then be opting for continuous revision of the register. Our electoral arrangements are based on the idea of a final and conclusive register. Section 15 proposes to retain this arrangement subject only to the correction of proven errors. Acceptance of the amendment would mean a radical departure from this position. I ask Senator Naughton to withdraw the amendment.

Amendment No. 127 relates to the question which may be put to an elector in the polling station. The form of question proposed in amendment No. 127 would be appropriate only if amendment No 21 was accepted. If amendment No. 21 is rejected then amendment No. 127, which is consequential, would also follow.

Progress reported; Committee to sit again.
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