I am pleased that the Seanad has agreed to have this debate so soon after the publication of the consultation paper on Representation of Emigrants in Seanad Éireann. The reason for publishing the consultation paper was to focus public debate not just on the issues of principle involved but on the details of how a scheme of representation might work. In this way we aim to ensure that people know exactly what is involved before they are asked to vote on the issue at a referendum.
It is just over a year since the Minister addressed this House during a debate on Seanad representation for emigrants. Since then further consideration of the matter led to the view that, in the interest of clarity for the electorate, details of the proposals should be published and debated in advance instead of compressing any public debate into the relatively short period that usually elapses between the passing of a Constitution Amendment Bill and the subsequent referendum.
The paper states in the introduction that the Government will consider carefully any suggestions emerging in the course of the consultation process — notably in relation to the position of Irish citizens living in Northern Ireland. It is particularly appropriate that the first formal consideration of the paper should be in the Upper House. As the House is aware, the debate on emigrant representation has been going on for several years and has been subject of debate in both Houses of the Oireachtas. The present proposals arise from a commitment in the policy agreement A Government of Renewal, which states that provision will be made to allow for the election of three Members of Seanad Éireann by Irish emigrants. Implementing this commitment requires the approval of the people to amending the Constitution.
The consultation paper includes the proposed amendment to Article 18 of the Constitution. It is straightforward and would enable provision to be made by law for the election of three Members of Seanad Éireann by Irish citizens resident outside the State who were formerly resident in the State. Under that arrangement the number of nominated Members of the Seanad would be reduced to eight so that the total number of Senators would not increase. The expression "emigrant" has not been included in the text of the proposed amendment because it could imply a degree of permanent absence and could have the unintended effect of excluding from the franchise a citizen working abroad for a number of years who intends to return to live in the State at some future time.
If the proposed amendment of the Constitution is approved by the people, it will be necessary to enact legislation on the various aspects of an electoral process to enable the three emigrant representatives to be elected. During the progress of such legislation through both Houses, Members would have an opportunity to debate the details of that legislation. However, it is important that the people should be aware of the details before they are asked to vote. Suggestions in relation to each of the issues involved are set out in the consultation paper.
Who should be eligible to vote for the three Senators? The paper proposes that an emigrant elector should be a citizen of Ireland, have reached the age of 18 years, have been resident in the State for a minimum period of ten years, and be now resident outside the State but not for a period exceeding 20 years. Such a person could apply for registration in accordance with the proposed legislation. However, a person would not be entitled to be registered as an emigrant elector if the person is for the time being registered as a Dáil elector pursuant to the Electoral Act, 1992, or an elector in a university constituency pursuant to the Seanad Electoral (University Members) Act, 1937. The latter point will have particular interest for some Members of this House. Apart from this, Members may have views on the time periods. In particular, should the qualifying periods suggested for residence in the State and for residence outside the State be longer or shorter?
Under the proposed amendment, Irish citizens who have lived in the State for the requisite period and who move to live in Northern Ireland will be eligible to vote at Séanad elections. However, Irish citizens living in Northern Ireland who did not previously live in the State for the requisite period would not be eligible to vote. Senators will appreciate that this is one of the particularly difficult issues to be addressed in framing the necessary legislation.
Who should be eligible to stand for election? The proposal is that the qualifications which apply for Dáil membership would apply in the case of Senators representing emigrants. Thus, every citizen without distinction of sex who has reached the age of 21 years and who is not placed under disability or incapacity by the Constitution or by law would be eligible to stand for election. Every candidate would have to be nominated, with his or her consent, in writing on a prescribed nomination paper, signed by not fewer than 50 persons each of whom must be registered as an emigrant elector for the constituency concerned. An emigrant elector would not be allowed join in the nomination of more than one candidate at an election.
In the event of the electorate being divided into constituencies, a person would not be allowed to be nominated as a candidate, or a replacement candidate, in respect of more than one constituency. It is proposed that the returning officer would arrange for the provision of nomination papers at Irish diplomatic and consular missions and at other appropriate places, and supply a nomination paper, free of charge, to every person applying.
Every nomination paper would have to be delivered to the returning officer not later than the latest time for receiving nominations, as fixed by the Minister for the Environment by order. The returning officer would rule on the validity of a nomination paper within 24 hours of its delivery to him or her. A candidate could withdraw by a notice in writing, signed by the candidate or by not fewer than half of the persons who signed the nomination paper. Such notice would have to be delivered to the returning officer not later than the latest time for receiving nominations.
Elections involving emigrants would be held on the system of proportional representation by means of the single transferable vote and by secret ballot. An aspect on which some organisations representing emigrants have expressed a concern is the question of whether there would be one or more constituencies. In the last analysis, this would depend on the number and location of emigrants who apply for inclusion in the register. When the composition of the register is known, a decision could be made on whether there should be separate constituencies and, if so, what constituencies. One possibility would be one for North America, one for the UK, and one for other countries, but the feasibility of this would depend entirely on the number involved at different locations. Initially, it is envisaged that the legislation would provide for a single constituency, with power to effect a division into two or three constituencies at a later stage; this would be done by the Minister for the Environment, by order made with the prior approval of both Houses of the Oireachtas.
Another question which arises is the filling of a vacancy in one of the three emigrant Senators' seats. Because of the logistics, it is not proposed that there should be a by-election to fill a vacancy in emigrant member representation. Instead, it is proposed to apply the system which operates for European Parliament elections. Under this system, casual vacancies among the representatives of emigrant electors in the Seanad would be filled by the replacement candidate of the representative concerned. Where the candidate did not nominate a replacement candidate, or if the replacement candidate, or candidates, so nominated were unable or unwilling to fill the vacancy, a fall-back position would be provided for, similar to that applying at European Parliament elections.
At an election of emigrants representatives, voting would be by post. Each elector would be required to produce to an authorised person the envelope addressed to the elector by the returning officer, the unmarked ballot paper and the form of declaration of identity. The elector would make and sign the declaration of identity which would be witnessed by the authorised person and stamped with the stamp of the authorised person's office. The elector would then mark the ballot paper, in secret, in the presence of the authorised person and send the ballot paper and declaration of identify to the returning officer by post.
For voting purposes, "authorised person" would be defined as an officer of an Irish diplomatic or consular mission authorised for this purpose by the Secretary of the Department of Foreign Affairs, or a commissioner for oaths, notary public or other person before whom, in accordance with the law of the country in which the voting takes place, a formal declaration may be made. An emigrant elector who is in the State at the time of an election would be able to vote here; "authorised person" in such a case would include a commissioner for oaths or notary public in the State.
Whatever arrangements are made for emigrant representation, an important aspect will be the cost involved. Costs would arise in establishing and maintaining the register of electors, conducting the elections and in respect of the salaries and travel and subsistence expenses of the new Senators.
It is impossible to say at this stage what the overall level of expenditure will be as it will depend, to a large extent, on the number of emigrant citizens who register as electors and the country of residence of the representatives they elect. My Department has made very tentative estimates of the net extra cost of the scheme over the five year life of a Seanad and these range from £3.55 million to £10.3 million.
The £3.55 million figure assumes an electorate of 50,000 and is made up of annual registration costs of £550,000, election costs of £500,000 and Members' annual travel and subsistence expenses of £60,000. The £10.3 million figure assumes a very high total electorate of 500,000 and is made up of annual registration costs of £1 million, election costs of £5 million and Members' annual travel and subsistence expenses of £60,000. I would like to stress that these are only indicators of what costs might be on certain assumptions about the likely level of interest in emigrant voting. We will not know the size of the register, the spread of the electors and, therefore, the cost until the first register is compiled.
Every person in Ireland is touched, to some extent, by emigration and I hope therefore that the consultation paper will receive extensive consideration and debate. When the consultation process is complete, the proposals will be reviewed by the Government in the light of the views expressed, before the necessary Constitution Amendment Bill is finalised later this year and formally introduced in the Oireachtas. Publication of these comprehensive proposals for Seanad representation is a significant step forward. It should assist all concerned to focus on the specific issues involved, some of them complex and difficult, and to make a constructive input to the preparation of the necessary implementing legislation.
I look forward to hearing Senators' views on the subject.