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Seanad Éireann debate -
Thursday, 13 Feb 1997

Vol. 150 No. 2

European Parliament Elections Bill, 1996: Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

The Bill before the House will consolidate and amend the domestic law relating to European elections. It is part of a programme to consolidate and update electoral law. It follows the Electoral Act, 1992, the Presidential Elections Act, 1993, the Referendum Act, 1994, and the Local Government Acts, 1991 and 1994, relating to local elections. When this Bill is enacted, two electoral codes will remain to be updated. I am sure the House can identify these as the Seanad electoral codes contained in Acts of 1937, 1947 and 1954.

Given the special importance of electoral law and its direct relevance to each citizen, making the various election law codes more accessible and comprehensible to all is a necessary and desirable objective. Unlike most other electoral codes, there are no specific constitutional provisions relating to European elections. However, a 1976 Community Act laid down principles relating to direct elections to the Parliament which have direct application in all member states. It may be useful for the House if I detail the main principles still in force.

Representatives to the Assembly, renamed the Parliament in 1987, are elected for a term of five years, each outgoing Parliament remaining in office until the first sitting of its successor. It is incompatible with membership of the Parliament to be a member of, or employed by, certain EU institutions or to be a member of the Government of a member state. Further incompatibilities may be laid down in national law. Membership of the Parliament is not incompatible with membership of a national parliament. No one may vote more than once in an election of representatives. The poll must be taken throughout the Union in the same Thursday to Sunday period in June every five years. Should it prove impossible to hold the election during this period, another period not more than one month before or after may be selected. The counting of votes may not begin until after the close of poll in the member state whose electors are last to vote. The Parliament verifies the credentials of representatives, taking note of the results declared officially by each member state. It is empowered to rule on any disputes arising out of the provisions of the Community Act but not on disputes arising out of national provisions. Each member state must lay down appropriate procedures for filling any seat which falls vacant during the five year term of office of the Parliament. Pending the entry into force of a uniform electoral procedure to the Parliament, and subject to the other provisions of the Community Act, the electoral procedure is to be governed in each member state by its national provisions.

Article 138(3) of the European Treaty, as amended by the Maastricht Treaty, provides for European elections to be conducted in accordance with a uniform procedure in all member states. No such procedure has been introduced to date. A uniform procedure is likely to involve some kind of proportional representation system, but the Treaty would not appear to rule out some discretion regarding the detail of the PR system to be adopted by individual member states. The Bill, therefore, provides for our existing PR-STV electoral system.

The Maastricht Treaty inserted a provision in the European Treaty that Union citizens have the right to vote at and contest European elections in their host member state. The detailed arrangements for the exercise of these rights were set out in a 1993 directive which was transposed into Irish law in 1994. The provisions of the relevant regulations are incorporated in the Bill.

The major change arising from the directive was the extension to resident Union citizens of the right to stand for election in Ireland to the Parliament. Resident Union citizens have had the right to vote at European elections in Ireland since the first direct elections in 1979. In accordance with the 1993 directive, section 6 of the Bill provides that European electors included on the register for the 1994 elections are exempt from the directive. Furthermore, in recognition of the fact that Ireland and the United Kingdom extend reciprocal voting rights to each other's citizens at national elections, there is a derogation in the directive for Irish citizens living in the UK and British citizens living in Ireland.

The first domestic Act relating to elections to the European Assembly, as it was then known, was enacted in 1977. In the 20 years since we have had four European elections and numerous amendments to the law. At present, a person enquiring about European electoral law would need to consult six separate statutes, as well as regulations. With the next elections due in 1999, the time is opportune to update the law, which will bring the entire code within the pages of a single document.

While the Bill is essentially a consolidation measure, designed to restate existing law in a more convenient form and in a clearer idiom, it contains a number of improvements. I will now detail the principal changes. The Bill omits the former provision for the office of chief returning officer and transfers the functions to the Clerk of the Dáil, who already has a substantive role in relation to the filling of casual vacancies, and to the Minister. This will streamline administration relating to elections.

Under existing law, a person who holds office as Attorney General cannot contest a European election without resigning from that office. This is in contrast to Ministers of State who may stand for election while retaining their positions. In view of the fact that the Attorney General is not a member of the Government, there is no justification for treating the two types of office holder differently. Section 11 will permit the Attorney General to stand for election while providing that, if elected to the Parliament, he or she will automatically cease to hold the office of Attorney General. To avoid speculation, the present Attorney General has not indicated any intention of standing for election to the Parliament in the future. The amendment is proposed solely to eliminate an existing legal anomaly.

The law in relation to questioning an election by way of petition is being brought into line with petition procedures in other electoral codes. Section 21 provides that a petition may only be presented with the leave of the High Court which must be sought within seven days of the declaration of the result. The petition itself must be presented within three days of the grant of leave by the court.

The Bill also includes changes to bring the European code into line with the Dáil code. These changes include refunding the deposit to candidates whose votes exceed one quarter of the quota, rather than one third as at present. The ballot paper is being brought more into line with the Dáil ballot paper. The period for retaining election documents is being reduced from 12 to six months and monetary penalties are being increased in line with similar penalties in the Dáil code.

During the passage of the Bill through the Dáil, amendments were agreed to include certain provisions in the Electoral (Amendment) Act, 1996, sponsored by Deputy Mary Wallace, relating to wheelchair access at elections and postal voting for electors with a physical illness or disability. This Bill goes further than the 1996 Act by making it mandatory for returning officers to conduct the count in the four European constituencies in buildings which are accessible to wheelchair users.

Another important amendment agreed by the Dáil was provision for the inclusion of photographs on ballot papers. Subject to ironing out the technical difficulties, this will be done at the 1999 European elections. Consideration will be given to including photographs on ballot papers at other elections, including Seanad elections, if the experience at the 1999 elections is positive.

The Dáil also agreed an amendment that a non-party MEP standing for election could include on the ballot paper the name of the political group in the Parliament of which he or she is a member. This is intended to reflect the reality that the candidate would still be an MEP during the election. Up to now the inclusion of the name of a political group in the Parliament on a ballot paper was confined to candidates belonging to registered political parties represented in the Parliament.

Section 15 and the Third Schedule re-enact the existing European Parliament constituencies, each with the same number of seats recommended by an independent commission and used for the 1994 elections. These constituencies are four seaters in Dublin city and county, in the rest of Leinster and in Munster, and a three seater in Connacht/Ulster. Under the terms of the Electoral Bill, 1994, an independent commission will be established on publication of the results of each census with the task of making a report within six months on the formation of Dáil and European constituencies. The terms of reference for the commission set out in the 1994 Bill are essentially the same as those given to previous non-statutory commissions. The present Bill provides that the Minister must submit proposals to the Oireachtas for a review of European constituencies by 1 December 2003 at the latest and at least once every ten years thereafter.

There are 25 sections in the body of the Bill setting out its main provisions. The detailed provisions are set in four Schedules. The First Schedule lists the enactments repealed and the regulations revoked by the Bill. The Second Schedule comprises 150 rules dealing with all aspects of an election. The Third Schedule defines the four European constituencies and the Fourth Schedule specifies the format of the ballot paper.

I will now outline the main provisions in the body of the Bill not previously referred to. Section 6 implements the 1993 directive in relation to registering Union citizens ordinarily resident in the State as European electors. They must apply to be registered and furnish a statutory declaration in support of their application. The section also provides for information exchange between member states with a view to preventing double voting.

Section 7 provides that European elections will be held according to the principle of proportional representation, each elector having a single transferable vote. Voting will be by secret ballot.

Section 9 specifies that electors may vote in person at a polling station, by post or by means of the special arrangement for voting in institutions. Under the terms of the Electoral (Amendment) Act, 1996, electors with a physical illness or disability living at home will now be able to vote by post if they are unable to go to their local polling station. The special voting arrangement will in future be confined to electors with a physical illness or disability living in institutions.

Section 11 restates the law in relation to eligibility for election to and membership of the Parliament. It also implements the 1993 directive in relation to Union citizens living and standing for election in the State. Thus, it provides that a person who has reached 21 years of age and is either an Irish citizen or a national of another member state living in the State is eligible to stand for election to the Parliament in the State, to be nominated as a replacement candidate and to be a member of the Parliament. However, a person is not eligible if subject to certain disqualifications applicable to Dáil membership. It follows that a person is disqualified if a member of the Garda Síochána or a wholetime member of the Defence Forces or a civil servant whose terms of employment do not expressly permit membership of the Parliament. As in other electoral codes, persons of unsound mind, undischarged bankrupts and persons undergoing prison sentences exceeding six months are also disqualified. Judges and the Comptroller and Auditor General must resign their positions if they wish to contest an election. Other persons disqualified are Irish citizens standing for election in their host member state and Union citizens deprived of the right to contest the election in their home member state.

Section 11 also provides that, if elected to the Parliament, the Attorney General, the Chairman and Deputy Chairman of the Dáil or Seanad and Ministers of State cease to hold those offices. Furthermore, if a member of the Parliament becomes subject to any of the above disqualifications or becomes the holder of any of the above offices, he or she thereupon ceases to be a member of the Parliament.

Under section 12 a person may nominate himself or herself as a candidate at a European election or may, with his or her consent, be nominated by a European elector for the constituency concerned. The section also provides that each registered political party and each non-party candidate in a constituency may nominate one or more replacement candidates for the purpose of filling vacancies in the membership of the Parliament for that constituency.

Section 13 stipulates that a deposit of £1,000 must be lodged by or on behalf of each candidate before the close of nominations. This is the same as at present.

Section 15 and the Third Schedule prescribe the constituencies for the European elections. The section also provides that the Minister must take account of the report of any statutory commission before submitting proposals to the Oireachtas for a review of European constituencies.

Section 16 provides that the Minister must appoint a returning officer for each European constituency from among the local returning officers in each constituency. The returning officer is responsible for functions which must be discharged centrally in each constituency, for example, the receipt of nominations, counting the votes and declaring the election result.

Section 17 provides that there shall be a local returning officer for each county or county borough contained in a constituency. The local returning officers are the city and county sheriffs in the case of Dublin and Cork and the county registrars in every other case. The local returning officer is responsible for taking the poll and verifying the ballot paper accounts.

Section 19 provides for the filling of casual vacancies in Ireland's representation in the Parliament in accordance with Part XIII of the Second Schedule. A vacancy is filled by the replacement candidate whose name stands highest on the replacement candidate list concerned. A replacement candidate will not be eligible to fill a casual vacancy if he or she is already a member of the Parliament, is not eligible to be elected, is not willing to serve as a member or, in the case of a party list, is no longer a member of the party concerned. If no replacement candidate list has been presented or the relevant list is exhausted, the Dáil may select a replacement from another replacement candidates list presented for the constituency concerned.

Section 21 and Part XV of the Second Schedule specify the petitions procedure. The grounds of a petition are limited to specific factors likely to have affected the result of the election. These are want of eligibility of candidates, electoral offences, obstruction of the election and irregularity or failure to conduct the election in accordance with law. The court will, if possible, determine the correct election result and if it cannot do so will declare the whole or part of the election void, giving its reasons. Where the court declares that the whole or part of an election is void, a fresh election must be held unless a general election of representatives to the Parliament is due within six months. The decision of the High Court on a petition is final, subject only to appeal to the Supreme Court on a question of law.

The Second Schedule contains 16 Parts each dealing with a specific aspect of the election procedures. Altogether, the Schedule contains 150 rules covering the election proper, casual vacancies and election petitions. The rules are listed on pages 19 to 25 of the Bill. I have already referred to the main changes in these rules. Most rules are standard for Presidential, Dáil and local elections and in some cases referenda.

To conclude, this Bill is a solid piece of consolidation law, incorporating a number of worthwhile reforms. I commend the Bill to the House.

When I read this Bill I was amazed at the number of existing Acts which had to be amended and the regulations to which the Minister referred. This is a necessary Bill to consolidate and amend existing legislation. I welcome it. It appears to be good legislation, although I have one or two questions. However, I see no reason to delay the passage of the Bill. I understand the Minister accepted amendments in the Lower House which served to strengthen and clarify the Bill.

This legislation will clarify the whole process and will serve to standardise the rules for different elections. This is to be welcomed — the more standardised the rules the easier it is for people to understand them. There are some countries where different bodies are elected by different forms of election which becomes very complicated. Any move away from that has to be welcomed.

The return of the deposit of £1,000 where the candidate exceeds one quarter rather than one third of the quota is reasonable; one third of the quota in European elections is huge.

There was a lot of talk in the Lower House about the chief returning officer. This was discussed at length. It appears to me that the chief returning officer would be the Clerk of the Dáil and I do not see why there would be any objection to that. Some people have objected to it, but I do not think that they have too much work to be unable to deal with that or that they would be in any way interfering with the process. As the Minister said, the Clerk of the Dáil does have other statutory functions for Dáil elections.

Reducing the time for the retention of documents from 12 to six months in line with the Dáil is a good idea. The increase in penalties and the provision relating to election petitions which must be sought after seven days should also be welcomed.

I understand that the European Parliament intends to draw up proposals for a uniform electoral procedure which will be applied in each of the member states. This has not happened yet. We are, of necessity, obliged to have this piece of legislation before us and to enact it without delay. I am not quite sure what this Bill will mean to the man in the street. I suppose the intention is that it will enable ordinary citizens to understand the process better and to enable better participation.

I do not think that European Parliament Elections are very high on most people's agendas. I suppose that is because once European parliamentarians have been elected, there is little contact with them thereafter. That is not entirely the fault of those who have been elected. It is to all intents and purposes impossible for any member of the European Parliament to maintain intimate contact with such a huge electorate. Their constituencies are very large and there is no national forum on which they can perform. I think it was suggested at one stage that members of the European Parliament should come to this House from time to time. I have no objection to that but I do not think it is what is really required.

Deputy Ferris, speaking in the other House, said there was a report of the European Affairs Committee which stated that European parliamentarians from the Republic and from the six counties were welcome to attend meetings of the committee. That is a good recommendation and proposal. I recommend that there would be a special committee of Deputies and Senators which could meet at times which would be convenient for members of the European Parliament to attend and where they could be provided with a forum that would deal exclusively with issues relating to European parliamentary deliberations. The parliamentarians could answer questions about the work of the Parliament. If such a committee was to meet on a monthly basis, they would have a greater chance of media coverage between elections. This is just a suggestion, something like the tentative suggestion that they would attend the European Affairs Committee, but I think a committee should be established primarily for the European parliamentarians themselves.

Unlike the European Commission, the European Parliament is, in theory, accountable for its actions. As far as this House and the Lower House are concerned, the reality is that we have no influence over the European Parliament. It seems to me that major lobbying groups have influence; if you get enough people and take them to Brussels you have a better chance of getting something done than Members of the Oireachtas would. I do not think that the outcome of the deliberations of the European Parliament take any notice of what is good, bad or indifferent about the deliberations of the Dáil and Seanad.

For example, with regard to European directives, these are landed here in front of us, usually without any debate, and we are left with the task of incorporating them into the corpus of Irish law. Sadly, the European Parliament is very far removed from the interests of ordinary citizens. However, the decisions that the Parliament makes have enormous consequences for this country.

It has been said that all politics is local and if this is so, we must look at ways and means of making the European Parliament more meaningful for Irish citizens. We should help our European parliamentarians and give them a forum at which they explain their role and their work. We should support them and assist them in confronting adverse publicity. MEPs are continually blamed for getting large salaries, which is ludicrous. I know most of our MEPs and I can tell the House that they work very hard indeed. For example, Deputy Pat the Cope Gallagher covers from Donegal down to Connacht and the whole of Ulster. He works every weekend and he is just one example. This is an enormous burden and I do not think you can be overpaid for it. I heard that the Deputies were refused a pay rise today. Well, eventually people are going to get what they pay for.

I want to ask the Minister a question, I do not know if he is the right person to answer me. The next European election will be held in 1999 and the local government elections are scheduled for 1998. Would it be possible to harmonise all of these and have them all on the same day? I would also like to see fixed terms of office for the Dáil. I do not think that if a Government loses a majority, it should have to go for another election. It would be wonderful if we could have all elections together and get on with the business of running the country. A politician's job is insecure enough as it is. I would like to see the local government and the European elections harmonised for this reason: local government elections achieve a good turn out and there is nobody better at eliciting votes than a local county councillor. While people are being canvassed for local government elections, they might also be persuaded to vote in the European elections as well. There was a big reduction in the number of votes cast in the European elections, it is decreasing between elections.

I would hate to see a situation here like that in America where people do not bother voting anymore. They have a ludicrous situation there where one side of the country knows the result of the election before the other side votes. I suppose that must only add to the apathy. I think fixed term Governments would be a good idea. I do not know if it would be feasible to have local, national and European elections to run together. It would be feasible for local government and the European Parliament elections to run simultaneously.

In section 11 of an explanatory leaflet there is a description of people who are eligible for election. Am I correct in thinking that somebody who is in prison is ineligible? I wonder if that applies to political prisoners.

They cannot vote and they cannot stand for election if their sentence is over six months.

I think people who are in prison for political offences should be able to vote and should be eligible for election. I am reminded of the late Kieran Doherty, who was elected to this House, and of other men, not too long ago, who were elected to the Dáil and who were in prison at the time.

Were they members of your own party, Senator?

I cannot remember that far back. I think that this is something that should be kept in mind because we all seek not to discriminate against people. There are convicted felons whom I have no time for, but perhaps a case can be made where political prisoners could vote and could stand for election.

In the Minister's speech, he states that it is recognised "that Ireland and the United Kingdom extend reciprocal voting rights to each other's citizens at national elections—". I voted in England myself when I was living there. I voted for the Conservative Party by the way.

Some things never change.

You can always be sure of where you stand.

I wonder whether we should abandon these reciprocal voting rights. We are an autonomous nation and we do not need this kind of thing.

I welcome the acceptance of Deputy Mary Wallace's amendment to make it mandatory for returning officers to conduct the count. I am concerned about wheelchair access to our polling stations. It is hard enough for an able bodied person to enter some of these and I would like to see the Minister doing something about this. It is only a matter of passing a law and he will find that people will obey it.

I am not sure about using photographs on ballot papers. It is all right for young men like Senators Hayes and Naughten but voters are liable to miss someone like me. However, it is a good idea to identify oneself to the electorate.

As regards voting by special voters, the explanatory document states that a ballot paper will be delivered to each European elector at home by a special presiding officer accompanied by a member of the Garda Siochána. The elector makes a declaration of identity in the presence of the special presiding officer and the garda. What defines a special voter and why is it necessary to have a garda present? We post votes to the gardaí, the Army, fishermen and so on, so why can this not be done in the case of special voters?

People are eligible to vote at 18 years of age yet they cannot stand for election until they are 21. Why?

It is in the Constitution.

Is it? Perhaps it should be removed from the Constitution. Alexander the Great conquered most of the world and he died aged 29; at 21 he should have been able to stand for election.

This is a good Bill. My questions may appear small and trifling but they deserve an answer. We should not delay this Bill any further and I compliment the Minister on it.

The Minister has been with us on a number of occasions recently, in particular, concerning Deputy Wallace's initiative. That measure was supported by all sides of the House and the Minister showed great skill in introducing important and reforming legislation which will enable those with disabilities to access the political system in a more user friendly way then heretofore.

This is a technical Bill which includes much detail amending out of date laws and bringing Irish law closer to the European model. It is important that we debate this in the House because we have attempted to debate European issues over the last few months. For example, Commissioner Kinnock addressed this House recently and we were all inspired by his words. The former Cathaoirleach, Jim Dooge, also gave an interesting address on the future shape and role of Europe and I would welcome similar exercises in the future. The Seanad has a role to play in trying to integrate some of the important European issues which are being debated in the European parliament and throughout the member states.

The European elections are vitally important for our national and European interests. It is demoralising that the turnout for these elections has consistently been poor and continues to decline. The turnout in 1992 was 43 per cent and it is very depressing for national parties and the country as a whole that less than one in two people came out to vote. As political representatives we must do everything in our power to ensure a high turnout of voters.

There is a representative from the European Commission office in the House. I welcome him because, collectively, we must ensure that more information is given to Irish citizens about Europe. This is particularly important following the Maastricht Treaty which gives substantially increased powers to the European Parliament in comparison with five or more years ago. We should not treat the European parliament glibly; we must send the best representatives to it to articulate the case for Ireland and the emerging European Union. Part of this process involves the Oireachtas and the various European statutory bodies operational in Ireland taking a more informative role, getting out and about between elections and selling the case for Europe.

The quality of the people we send to the European Parliament has never been more important because of the new powers it has. We do not need representatives with technical expertise in certain areas; we need those who have shown great political leadership and judgment. For instance, there are several former Prime Ministers in the European Parliament. It is not a retirement home for those who cannot get back into the Cabinet or who thought they were going to be leaders of their parties. We need people who have shown great judgment and experience. Our 15 MEPs are such people and they are making a valuable contribution.

It has been said that the European elections are, primarily, national ballots. This is utterly depressing because, at the last election, the manifesto for each of the parties made it seem more like a national contest. Fine Gael attempted to include Christian democratic ideals in our manifesto because we are associated with the EPP group. However, there was very little focus in the media on issues such as national defence, enlargement and the single currency. The election was seen as a contest between the Government and the Opposition and that does no credit to the European Parliament or the political system. We should not view the European elections as a precursor to the general election.

If one looks at the present membership of the European Parliament, five of Ireland's 15 members — one the Labour Party and four Fine Gael Party representatives — are connected with the two biggest groups, the Socialist Party and the Christian Democrats. It is recognised that the European People's Party and the Socialist Party control the European Parliament as they are by far the two biggest parties. It is worrying that only one third of the Irish members are associated with those two big groups. The largest Irish party, Fianna Fáil, is associated with the party which has virtually no influence on European policy, and I do not mean to be disrespectful. My argument and that of my party has always been that if we are to make a significant impact on European issues, we must be at the heart of Europe in a party which has influence in the European Parliament, and the Christian Democrats and the Socialist Party have such influence. It is worrying that only five of Ireland's 15 members are involved in those two great groupings and there is a message in that for other parties who send representatives to the European Parliament.

There are benefits from the present structure of the European Parliament. As Senator Lydon rightly said, the fixed term Parliament is an excellent idea because it ensures that members know they have five years to present their case, develop their policies and give of their best without worrying about local considerations or an election which might crop up as frequently as a general election.

The dual mandate dates from the 1970s and we must get away from it. I understand that parties must put the big names up for election in order to get the vote out, but the dual mandate takes away from the Oireachtas and the European Parliament. One must consider the time involved and the workload, not to mention the amount of local community activity in which a member must be involved. One simply cannot be a member of both Parliaments and it is up to the parties to take a stand on this to ensure, come the next European election in 1999, that we select people in the four constituencies who are not serving Members of the Oireachtas. That will prove very difficult for the parties; but if we could collectively agree a strategy on it, it would help the standing of Irish parliamentarians in the European Parliament and in the Houses of the Oireachtas.

There was the ludicrous situation at the last European elections where the vote could not be counted because other countries had not yet gone to the polls. It is only sensible that the count takes place on the same day throughout the member states when one is electing people to one Parliament; but if that is to be the case, let us pick one election day so that everybody goes to the polls together. I am raising this matter on the Adjournment this evening so I do not want to raise it now, but in the context of the European Parliament each member state should vote on the same day because that would ensure that the ludicrous situation which occurred following the last European election will not occur again.

Some of the proposals in the Bill tidy up pieces of legislation which are already in place. I was amused, like other Senators, to find that the Attorney General could not become a member of the European Parliament and I am glad that anomaly is soon to be removed. If former attorney generals became members of the European Parliament they would have most interesting stories to tell.

I was quite amused by section 7, which stated blatantly that voting would be by secret ballot. I had assumed that this was already part and parcel of the Irish electoral system but it had obviously to be restated.

The whole concept of parachute candidates has become an intrinsic part of European elections as people who have made a contribution in aspects of life apart from politics now feel they can take their place in the European Parliament. As a result of section 11 of this Bill, other EU nationals can come and live in Ireland and then stand in one of the four European Parliament constituencies, so at the next election there may be international rather than national parachute candidates. Therefore, a high profile person in France, Germany or Britain could take his or her place representing the constituency of Leinster, for example, once he or she had lived there for a certain period of time. That is to be welcomed because if parties are standing on the basis of their political affiliations——

This comes from a party which has had parachutists in both Houses and in the European Parliament.

——and they are trying to address European issues, it is sensible that a member of the EU should be able to stand in any constituency if the person feels he or she can make a contribution to national life.

On the proposal in the Bill which will decide the European constituencies, as I understand it, the new Electoral Bill will make statutory provision for the first time for the independent commission which will determine constituency boundaries. That legislation has not been published but I am led to believe that it will contain that provision because it was contained in a previous electoral reform Bill. If that is the case and an independent statutory commission is established for the European Parliament and the Dáil in this future piece of legislation, that commission should apply to local elections also. I made this point yesterday to the Minister for the Environment. If it is good enough for the European Parliament and the Oireachtas, it should be good enough for local authorities also and it should be stitched into future legislation.

Section 8 talks about the entitlement to vote. At present one must vote in the constituency in which one is registered; so if I live in Kildare North, for instance, I must cast my vote there in European elections, general elections, referendums and every type of national ballot. My argument is this: if I live in Kildare North and work the day of the election in County Wexford, I should be entitled to vote in County Wexford, which is in the same European constituency, Leinster, as Kildare North. There is no reason we cannot devise a system where somebody who might be away from where they live on election day can vote in the constituency where they may be transacting their business. I ask the Minister to address this in his reply.

I was delighted that section 9 ensures that the special voters list will be changed as a result of Deputy Mary Wallace's important Bill, which was enacted just before Christmas.

Can MEPs vote in Seanad elections? If we did not afford them the right to vote in Seanad elections as we afford that right to Deputies and outgoing Senators, it would seem to me that we would be undermining their status as MEPs. They should be allowed to vote in Seanad elections too.

In response to Senator Lydon's remarks about votes for prisoners, I stated publicly on a previous occasion that it is wrong that a prisoner should be debarred from voting, not just in a European election but in any election. I appreciate that a person's liberty is taken if he is in prison, but he is still a member of society and has rights under our Constitution. To help prisoners integrate into society we should allow them take part in the democratic process.

Senator Lydon referred to the voting age. Perhaps the Minister could indicate whether the age threshold of 21 for membership of the European Parliament, the Dáil and the Seanad applies in other European countries, because we should try to harmonise the limits. If one is entitled to vote at 18 one should be able to take a seat in those Houses.

This is timely legislation which will bring us into line with other European countries until there is agreement on the totality of electoral law. I do not think there will be agreement because member states have tried and failed to achieve it over a number of years. We should push ahead, try to achieve consensus with other EU electoral systems and ensure that everything we do between now and the next European election is directed at pushing up our national vote and putting the best people into the European Parliament.

This is necessary and sensible consolidating legislation. The Minister said elections will occur every five years and I agree that they should take place at the weekend because it has been proven that more people will vote. To look at this from a marketing point of view, shops would not stay open on Saturdays until 9 p.m. or all day on Sunday unless they received a response from the market place which suggested this was a good thing. Whether we are talking about a product for sale in a supermarket or casting a vote, we have to consider how best to address the marketplace. It is good marketing to hold elections at weekends, after the five year period is over.

Speakers have mentioned the democratic deficit in Europe, specifically the operation of the European Parliament and the European electoral system. Many feel the European Parliament does not have the teeth which it should. From reading the newspapers, listening to the radio or watching television, one would imagine it did not exist as far as the democratic process was concerned. The Commission has too much power and the less it has, the better. There is no democracy in the Commission and it has dictated too much of what has happened in the European institutions. Although many people do not agree with giving more power to the Parliament, it should at least have more power than it does at present.

There should be a better process for reporting what goes on in the European Parliament to the Houses of the Oireachtas and through the national media. The media has a negative attitude to the Parliament. The only time its workings are highlighted is when its Members go on trips to outposts of what we might call the "European empire" and are photographed in swimming trunks coming from various meetings of importance.

As long as they were not naked it is all right.

What is wrong with being naked? We were born naked. The media's negative reaction to the work of MEPs is not good for democracy but it also reflects the public attitude.

European institutions are becoming increasingly important to us through regulations, laws, etc. National parliaments have been downgraded to some extent and Europe has more power, but there must be a balance between the two. One would imagine from the newspapers that MEPs have no power and that the public's attitude does not have as much weight with an MEP as it does with a national politician.

The Oireachtas Joint Committee on Foreign Affairs is occasionally visited by MEPs, who are entitled to attend our meetings. Some MEPs have come but they have been selective in their attendance. That may be because committee meetings have taken place on the same day as meetings of the European Parliament in Luxembourg or Brussels but the committee has also met when the European Parliament was in recess or not sitting and MEPs have been more notable for their absence than their presence. If they are to take a more active part in national as well as international politics they should look at their attendance record at the one forum at which they have the right to attend and speak, the Oireachtas Joint Committee on Foreign Affairs. If they want to do something to redress the democratic deficit, they should attend and contribute to meetings of that committee as regularly as possible. Members of the committee might be enlightened by what MEPs have to say and vice versa, not only on issues relevant to Ireland but international issues on which we lobby on behalf of a particular group.

The proceedings of the Oireachtas Joint Committee on Foreign Affairs are not publicised and the Department of Finance has refused to publish the proceedings of joint committees — the only committees whose proceedings are being published are select committees. This creates another democratic deficit because what occurs at the committee is not put into the public arena.

Only 16 current Members of the Dáil were not among the top five on the first count in their constituency at the last general election. This proves that irrespective of the electoral process, whether it is PR by single transferable vote or some other method, if one is not among the top five on the first count one has little chance of getting into the European Parliament or the Dáil. Only two current TDs were not among the top seven on the first count.

The Senator should tell us who they were.

I will not because I do not want to embarrass very senior Members of the Opposition — I mean the Government.

It is a pub quiz.

I keep thinking that we are in Government.

The Senator will be thinking it for a long time to come.

The Bill is necessary consolidating legislation. The Minister of State stated:

When this Bill is enacted, two electoral codes will remain to be updated. I am sure the House can identify these as the Seanad electoral codes contained in Acts of 1937, 1947 and 1954.

I am not too sure what relevance that has to the European Parliament Elections Bill. However, if the Seanad electoral codes need to be updated that should be done. Does the Minister of State feel that the electoral codes of the Seanad should be changed or is it just that these are the only ones which have not been changed?

I am not too sure how people will get more involved in the elections to the European Parliament. The number voting in every country in Europe is decreasing. This may be because the public feels that the European Parliament is irrelevant or perhaps it has not been showing itself to be relevant. We know it is relevant, and becoming increasingly so, but how are we going to give the public an image of the European Parliament as an institution in whose elections they should vote?

The voting percentages in Europe will continue on a downgrade unless something is done in terms of publicity or making MEPs available to address on the national stage the issues which they address in the European Parliament. The suggestion was made that they should be allowed to address the Seanad but I am not sure how that would work. As I have said before, they have not used the forum which they are allowed to address, the Joint Committee on Foreign Affairs. They should be blamed rather than the institutions. I ask MEPs to use the Joint Committee on Foreign Affairs more effectively than they have done to date.

I have no objection to non-national Union citizens standing in Ireland for election to the Parliament. They are entitled to do so, whether they are high profile, low profile or parachutists, it is a good idea for the democratic system to allow them to stand. Some non-national candidates might enhance the role of the European Parliament. That is a good addition to the Bill.

The Minister of State further stated that:

A non-party MEP standing for election could include on the ballot paper the name of the political group in the Parliament of which her or she is a member. This is intended to reflect the reality that the candidate would still be an MEP during the election. Up to now the inclusion of the name of a political group in the Parliament on a ballot paper was confined to candidates belonging to registered political parties represented in the Parliament.

That is a very important amendment because once independent candidates are elected to the Parliament they become part of a group and the public is entitled to know with which group they would be involved if they were elected.

For example, I do not think many members of the Green Party would be elected in Ireland if the manifesto of the green parties throughout Europe were put to the Irish people; I have a funny feeling they would be rejected out of hand. They pick on single issues in their constituencies and are very "green" in terms of ecological issues. However, in Europe "green" does not just mean the enviornment or ecology. It is important that people know for what they are voting.

Concern has been expressed in the west that, because of the decline in population there, representation in the European Parliament will swing to the east coast. That population decline will continue but a balance will have to be brought into the equation. A declining population should not automatically mean that an area's representation in the European Parliament should decline in the same proportion. There must be a built-in balance in constituencies with declining populations, such as the west of Ireland, which would ensure that votes in the area were not devalued, otherwise, there will be very few MEPs in 20 years' time from west of a line from Derry to Cork and the majority of seats will be in the east. We should look at an electoral system where a decline in population would not be matched by an equal decline in the number of representatives of those constituencies. Those areas probably need more work than areas in the east.

The Bill is welcome consolidating legislation. It follows such legislation as the Presidential Elections Act, 1993, and the Referendum Act, 1994. The more consolidation of legislation there can be, the better.

I love the legalese used in Bills. I was trying to look up a word in the Bill in the dictionary but I could not find it. If I can find the word before the next speaker has concluded I would like the Minister of State to ask the draftsman to explain its meaning.

What was the word?

I will ask the question when I locate the word.

Mr. Naughten

I welcome this Bill which represents a continuation of the programme of electoral reform at all levels of democracy in the State, from local to presidential elections. It is vital that electoral law is made more accessible to the public to encourage people to exercise their franchise.

As we know, apathy and cynicism towards politics and politicians is on the increase and more young people feel that politics cannot make change. The electorate perceives a growing credibility gap between politicians and their promises, which leads to the often heard phrase "they are all the same". We need to make changes before our system loses all credibility. Cynicism towards politicians, especially among young people, has a profoundly negative effect on the political system, in both the short and long term. A democratic society rests totally on the support and consent of its citizens.

Politically, the most serious development is that large sections of society may feel that their political system is incapable of representing their needs and beliefs and is unable to deal with and solve problems. One fault in the Bill is that a Member of the European Parliament can also be a Member of the Oireachtas. This adds to the feeling that these politicians are incapable of representing the needs of their constituents to the best of their ability because they have a divided loyalty between the European Parliament and their national Parliament.

When trying to encourage young voters to turn out, would it not be better to hold the polling day between Friday and Sunday rather than on a Thursday? This would give people the opportunity to return home. Despite these reservations, I welcome the Bill, especially the provisions regarding the inclusion of candidates' photographs and their parliamentary grouping on the ballot paper and the attempts to make voting more accessible for the disabled.

The Minister of State, in his capacity as Minister of State at the Department of Education, is also responsible for youth and sport. There must be greater emphasis on providing a broadly based political civics study course at both primary and second level schools. Teaching children that they create the choice in our electoral system is a first step toward improving the way voters make their decisions. If people are not aware of how they can change things, or even how our system works, then what can we expect?

An Leas-Chathaoirleach

I compliment you, Senator, on your maiden speech.

I join with you, Sir, in complimenting Senator Naughten on his maiden speech. He is following a good tradition which I am glad to see is alive and well.

I welcome this legislation. It is uncontroversial and consolidates the way we regulate our European elections. There is nothing new or different in the way the law is being consolidated, other than the inclusion of photographs.

Senator Naughten raised a valid point regarding the relevance of the European Parliament to our national and parliamentary life. The degree of apathy with regard to European elections is even greater than with general elections where fewer fewer people are voting as a percentage of the total population than was the case 20 or 30 years ago. This begs the question how to make the European Parliament and its members more relevant to Irish parliamentary and political life. This House could serve a useful function in that respect in that there should be greater liaison between it and the members of the Parliament.

I sometimes wonder about the archaic ways in which we stand on our dignity. It is noticeable how easy it is to visit the European Parliament or other European Parliaments; it is even easy to gain admittance to sit in the Chambers of some of them. Before I became a Member of this Parliament I attended sessions of committees of the European Parliament. Democracy and parliamentary life should be accessible.

During the course of debates on Seanad reform and the Constitution we addressed the issue of liaison. The Maastricht Treaty provides that there should be greater liaison and co-operation between the Parliaments of the different EU countries. The Seanad could play a useful role in this.

It has been suggested that a Seanad election campaign is the most trying of all; it is not. A European election is much more trying because we know the date of the election well in advance, we start campaigning very early and there is much ground to cover. Having done all that and having reached the point of exhaustion on the Thursday evening when the polls close, we must then wait until the Sunday to be hung or elected. That is the worst of all. In 1989 when the general election count was over I had to wait until the following Sunday to travel to Navan to ascertain the way the votes in the constituency of Leinster had been cast. It is not a humane way of dealing with candidates. The most practical way of overcoming this is a Sunday election. On previous electoral legislation I have advocated that we should consider a Sunday poll. While it should not specified as such, it should not be excluded, as it is in the Bill. It would mean that if there was a consensus, it would not require a change in the legislation to put it into effect.

I welcome the provisions with regard to the rights of citizens of the EU resident in Ireland to stand for elections and vote. If citizenship of the Union is to mean anything, it should mean that. However, during a European election which I contested I visited a local polling station where a woman was turned away. I knew she was a British citizen. When she left I inquired of the presiding officer why and was told she could not vote. I said she was British and she could vote. It was repeated to me that she could not vote, the book was produced and it was quoted to me on at least three occasions why she could not vote. I said if the book was read a fourth time it would be discovered why she could vote. The instructions to presiding officers should have made it clear that such a person was entitled to vote. There was a misunderstanding in this instance because categories of people were excluded. The person in question had walked two miles from the village to the polling station to cast her vote because she regarded it as important. I brought her back to the station. I do not know how she cast her vote, nor would it be proper for me to know.

This incident underlines that there must be accessibility. When dealing with general accessibility to democracy we must be as inclusive as possible. That is why I do not like some of the provisions in general electoral Bills which impose big deposits, as is the case here where a deposit of £1,000 is required. This is a significant amount of money. It should be possible for a young person from the group water schemes or the Monster Raving Looney Party, as Gaeilge, to be able to stand for election. Why are we so pompous in insisting on the seriousness of this process? We should encourage people to contest elections. I saw a ballot paper in Palestine which had 90 candidates. It did not appear to cause difficulties, and it was their first election. We get carried away at times with a sense of the importance of the occasion and of our own importance.

I appeal to the Minister of State to make participation in elections as easy and as accessible as possible. Some of the cynicism that exists would not be there if it were easier to stand in elections. We know the difficulties parties face getting people to stand. While there are other reasons — financial not being the least of them — provisions in Bills of this kind must be as liberal as possible to allow people to stand. Does it matter if there are eccentric candidates? I do not see any difficulty with that. Let the electorate make its decision.

Senator Lanigan suggested that if the policies of the Green Party had been widely distributed it would not have achieved its level of support at the last European election. However, one of the reasons for its success is that the electorate saw some relevance in its concerns for the environment in the context of the EU and the European Parliament. The electorate perceived that central economic issues were not at the core of the work of the European Parliament and that it was desirable to elect Members who would act as watchdogs on environmental matters. That was part of the reason for the Green Party's success in the last election.

I note there is postal voting, which I favour, but this is one of the classic cases where emigrants should be entitled to vote. I realise practical difficulties are involved; but if other democracies as large as the European Union can do it, I do not understand why it cannot be done in the EU. Irish citizens resident in other EU countries can vote for candidates in those countries and there should be no problem ensuring they can vote for candidates at home if they choose to do so. This relates to the issue of emigrant representation, which was debated previously in the House. It is a sop to give them seats in the Seanad and it would be preferable to allow people to vote. We should remember that South African citizens in Ireland voted in their country's first election.

I moved an amendment in November 1993 to the Presidential Elections Bill stating that there should be photographs on ballot papers. There were photographs on the ballot papers in the South African and Palestinian elections. Some of the reasons given at the time for not having photographs on ballot papers were strange — for example, that there would be in effect a beauty contest and the quality of the photographs would in some way influence the outcome of the election. In a time of modern communications and when most candidates have their pictures in the local papers during elections, most people know who they are and it is not an issue.

They might have colour in their hair.

The then Minister of State, who was a member of a different party from the Minister, stated it was difficult to maintain that there was a genuine need for the measures proposed in the amendment. He said existing regulations were adequate and there was no need for photographs. I am glad this Bill was amended in the other House to include this point because it relates to exclusion.

Illiterate people should be able to go into a polling station and vote on the basis of identifying photographs. I have been in polling stations where there have been shouted votes and although it is necessary, it is humiliating that people must stand as the names are read to them and they indicate their preferences. It is not desirable. If people have difficulty reading a ballot paper, it would be desirable to include photographs in addition to the logos of the parties in a separate column. There are precedents for this; South Africa is one example. I welcome the inclusion of this matter and I do not understand the relevance of the point that it could turn the election into a beauty contest. Senator Lanigan and I do not have to worry about that aspect because we are not high up in the beauty contest stakes. Even the Minister could be disqualified in that regard.

Beauty is in the eye of the beholder.

The provision in the Bill regarding non-party MEPs is reasonable. Regarding the electoral commission, I referred to the amount of deposits, which perhaps is too large, and there should not be an exclusion regarding Sunday.

Regarding the dual mandate of Deputies and Members of the European Parliament, it would be preferable if an MEP or a Deputy opted for one Parliament or the other. They should not continue to be a Member of both institutions. A good example in the Seanad was when former Senator, Brian Crowley, was elected to the European Parliament. He relinquished his seat, which was a sensible thing to do. I am not sure whether this issue should be included in a Bill. Perhaps it is inappropriate to deal with it in legislation.

Another matter relates to rulings on valid votes. Deputy Bell was involved in a case in the 1989 election. The problem arises if a general election is held on the same day as the European elections because people indicate their first, second, third and fourth preferences on one ballot paper and their fifth, sixth, seventh, eighth and ninth preferences on the other. In three of the constituencies in the 1989 election, the returning officers ruled that the fifth to ninth marks were clear preferences and the ballot papers were valid. However, in Leinster it was decreed that such ballot papers were invalid. The matter went to the High Court and it was held that the returning officer was entitled to make that decision. Returning officers should have wide discretion but there should be a system which removes any ambiguity. It should be possible in circumstances where the two elections are held together and there are ballot papers with continuing scales of preferences to decree those papers valid.

Regarding the relevance of the Parliament, difficulties will be created in the future by enlargement. The institutional aspect of the Union will cause problems. It will be to our disadvantage if the Parliament is enlarged to a large degree and Ireland continues to have the same number of MEPs. The system involving a base line, where countries such as Luxembourg have five MEPs and each country starts from that figure and moves up on a proportional basis, is reasonably sensible. However, this matter will cause problems for Ireland when the Parliament expands in an enlarged Union.

Another issue is the democratic deficit and the relevance of the Parliament to the legal life of the Union in terms of its input to the framing of Union policy and law. I appreciate some improvements have resulted from the Maastricht Treaty but there is some way to go. It is essential that Ireland continues to have a European Commissioner after enlargement. I am not in favour of a rotating Commissioner or of Commissioners dropping out. The sine qua non of Ireland's participation is that we have a Commissioner at the table.

A suggestion which could be considered in terms of the Parliament is the possibility of holding all the elections on the same day every five years. Perhaps there is some merit in the American system where half the membership is revolved at half term. Members serve a five year term but there is an election every two and a half years. There may also be merit in a list system in Ireland aside from the proportional representation system of the single transferable vote. However, such a move is a long way off.

An aspect which causes much difficulty is the jargon of European procedures and directives from the Commission. I made this point in the past and I am responsible for coining a piece of Euro jargon. When it was suggested to me that there was an information deficit, I said there was not an information deficit but a comprehension deficit. We are deluged with information but the problem is the ability to understand it. This relates to a point made by Senator Lanigan that national legislation should be capable of being readily understood.

Another phrase used in Europe is "In the influction of time".

I will attempt to grapple with that one on Senator Lanigan's behalf.

One of the problems with European elections, particularly when they are not associated with general elections, is that the debate lapses into national politics. It inevitably revolves round national economic and welfare matters and occasionally local matters, such as the drainage of rivers. One wonders at times about the relevance of the debate in terms of the European Parliament membership. However, I accept that is a reality and it is what interests people. They look to their public representatives to attend to such matters and I have no difficulty with that. However, I wonder at times about the relevance of the debate to the European Parliament, particularly if one is debating the EU, a European election or the European Parliament at meetings. The audience's eyes start to glaze over and one feels one has lost the people at that stage. I do not know how the problem can be overcome.

There is no deficit of information from Europe but there is definitely a deficit of comprehension. The documents from the Commission and the Parliament should be easily understood. However, to be fair, the Parliament has made significant strides in that respect in recent years. Some of the more recent documents from the Parliament are more easily understood. They are more relevant and more accessible to citizens. If our citizenship of the EU is to mean anything it should mean that we can relate to the members of the Parliament whom we elect. I welcome the Bill.

I thank the Senators who contributed to the debate. I congratulate Senator Naughten on his maiden speech. I wish him a long and fruitful career in this House and elsewhere.

Senator Lydon asked about holding the next local elections with the European Parliament elections in 1999. That matter will be considered next year. If the two elections are held in 1999 the Local Government Act, 1994, will require amendment.

Senator Lydon also asked how a person qualifies as a special voter. The special voter scheme was introduced in 1986 after irregularities occurred in the postal voting system. To qualify a person must have a physical illness or disability and be resident in a hospital, nursing home or another similar institution. It was also asked why it was necessary to have a special presiding officer and a garda present. Their presence is to ensure the secrecy and integrity of the ballot. The officers are advised to carry out their duties in a sensitive manner and to attempt to reduce intrusiveness during the procedures as far as possible.

Senator Hayes urged political parties to ban the dual mandate at the next European elections. Article 5 of the Act annexed to a Council decision of 20 September 1976, specifically provides that membership of the European Parliament shall be compatible with membership of the parliament of a member state. I am advised that it is not open to us to forbid the dual mandate in national law. Not alone are we debarred from making membership of the Oireachtas a disqualification for membership of the Parliament but we are also debarred from making membership of the Parliament a disqualification for membership of the Oireachtas.

Therefore, it falls to individual political parties to decide whether their members should seek to discharge the dual mandate. If parties do not decide to reject the concept it is a matter for the people in the final analysis to decide whether they will vote for a candidate who proposes to exercise the dual mandate. The incidence of the dual mandate among Ireland's MEPs appears to be on the decline. Of the 15 members elected to the Parliament in the first direct elections in 1979, 13 had a dual mandate. However, only three of the present 15 MEPs are also Members of the Oireachtas. This will change after the next general election.

Senator Hayes also asked about a voter voting at a European Parliament election in an area other than that in which he or she is registered. The Electoral Bill, 1994, which will be considered by the Select Committee on Finance and General Affairs next month, will provide postal voting for people who are away from their homes on election day.

Senator Hayes and Senator Lydon also raised the issue of the constituency commission for local elections. The existing boundaries of the electoral areas in county council and county boroughs were fixed on foot of recommendations of independent commissions. Under the Local Government Acts of 1991 and 1994, statutory boundary commissions must be established to advise on the revision of local electoral areas. The question of establishing such commissions will be considered when the final report of the 1996 census is available.

Senator Lydon and Senator Hayes asked why the Bill entitles people to vote at 18 years of age but requires them to be at least 21 years old to stand for election. The Bill follows to a large extent the practice set out in the Dáil electoral code. It is a constitutional requirement that Dáil candidates must be 21 years of age or over. If the Constitution was to be changed I am sure the same rules would then apply to European elections. Senator Lydon asked about the practice in this regard in other EU member states. I do not have information to hand but the European Communities Act, 1976, which set out certain guiding principles for European elections, is silent on the issue of a minimum age for candidates. I presume a uniform electoral procedure for the European Parliament would include a common minimum age for candidates.

Senator Hayes asked if MEPs may vote in Seanad elections. They may not unless they qualify as voters under the Seanad electoral laws. This matter can be considered when the Seanad electoral laws are being reviewed. The all-party committee considering the report of the Constitutional Review Group may have an opinion on this matter.

Senator Hayes will have to take them off his Christmas card list.

Not all of them; some are graduates.

Senator Dardis raised the question of the level of deposits. An electoral deposit is a mechanism used in this and in some other countries to put an obstacle in the way of purely frivolous candidates and in recognition of the privileges to which a candidate is entitled — for example, free copies of the register, the right to demand that electors be challenged or arrested at polling stations, or the right to demand a complete recount of the votes. Alternative ways of achieving this objective and establishing that the candidate has serious support, such as requiring a significant number of signatures or restricting the right to nominate to registered political parties, are difficult to operate or are unacceptable in principle.

If there is to be a deposit it must be pitched at a reasonable level — high enough to discourage the frivolous but not so high as to be an obstacle to genuine candidates. The present deposit of £1,000 has not been the subject of widespread complaint since its introduction in 1977. The Bill does not propose to increase it.

Question put and agreed to.
Bill put through Committee, reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."

I thank Senators who participated in this debate. This legislation will be helpful to candidates from all parties and, most importantly, to the electorate. It consolidates existing regulations under one Bill. A good day's work has been done.

Question put and agreed to.

An Leas-Chathaoirleach

When is it proposed to sit again?

Next Wednesday at 2.30 p.m.

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