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Seanad Éireann debate -
Wednesday, 31 Mar 2010

Vol. 201 No. 14

Electoral Commission.

I am grateful to the Cathaoirleach for providing me with an opportunity to discuss this matter. There is much discussion about political reform and it struck me that there is no way there will be any political reform until we have the establishment of an independent electoral commission. It is a vital hook on which we will set about establishing a new system of running elections. This point struck me while studying the renewed programme for Government. As a result, I was keen to have the Minister appear in the House to talk about progress and what is happening and how matters are moving along because everyone is anxious to see change. While with goodwill, there may be two years until the next general election, it would be good to expect a degree of change by then. All Members agree on the necessity to make a lot of changes to our electoral system because they seek the participation of more young people or women or because of matters relating to boundaries, how they are established and so on. However, it is vitally important that an independent electoral commission be established that will look after this matter.

The most important function of such a commission will be to establish an accurate register. Although one constantly hears that voter participation is falling, it has been pointed out on numerous occasions that the problem is with the accuracy of the register. When one depends completely on the register for one's turnout figures, they look bad. However, to take a personal example, I was on the register in three places for the last election even though I am a responsible type of citizen who seeks to be removed from the register where it is duplicated. Therefore, I am sure the register is full of people who are not so active or interested in this issue as am I.

This is one of the major functions an independent electoral commission will be required to do. All Members are aware that local authorities, which are responsible for looking after the electoral register at present, all have different standards. Even though they are requested to operate similar types of systems, they do not. Consequently, it is time to establish an independent body and I am glad such a proposal is included in the programme for Government. However, I note that on page 32 of the renewed programme, which relates to this issue, it is stated that within 12 months, the electoral commission will be established and will propose reforms to the electoral system. I am trying to ascertain whether the aforementioned 12 months is from the date of publication of the renewed programme for Government in October 2009 or whether it means within 12 months of the commission's establishment. I am keen to find out the current position.

As someone who is interested in politics and democracy, I often have gone on election monitoring and observing missions. When one does so, one is well trained as to what questions one can or cannot ask and the subject of independent electoral commissions is always raised. In particular, I have gone on missions to places in Africa and to eastern European countries, all of which have established independent electoral commissions. I believe it is quite embarrassing that Ireland does not. An independent function for the running of Irish elections must be established. As soon as the last boundary commission report was published, I believe the present Taoiseach, Deputy Cowen, who may not have held that office at the time, expressed his annoyance that the proposed changes transgressed the county boundary of County Offaly. Similarly, I recall there was uproar in County Limerick because half of a Limerick constituency has been moved into Kerry.

County Leitrim as well.

The boundary commission broke one of its own rules of establishment, namely, that where possible it should not break a county boundary. Unfortunately however, as soon as such proposals enter the political sphere for Members to discuss, it appears as though they only do so from the perspective of political self-interest. Consequently, Members were reluctant to take on the responsibility of proposing that the commission should repeat the exercise because it had broken the county boundaries. Moreover, all Members are aware that the integrity of the county boundary is somewhat sacrosanct. This demonstrates to me the need for an independent electoral commission to establish itself in order that elections are run accurately, fairly and independently.

I am taking this Adjournment matter on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, and thank Senator O'Malley for raising this important issue. I understand there was a good debate on the establishment of an independent electoral commission in the House two years ago. Since then, to assist in consideration of the issues involved, the Minister commissioned a report by an expert group from UCD. He published that preliminary study for comment just 12 months ago. The response to the consultation was somewhat disappointing. While the formal closing date for written submissions has passed, the Minister still welcomes and will consider any views and observations that are put forward.

The key findings of the UCD report are that the proposed electoral commission should be responsible for maintaining the register of political parties and for the electoral register. The report also recommends that the functions carried out at present by the Constituency Commission for Dáil and European elections be transferred to the electoral commission. The study notes that current Irish arrangements for the administration of nominations, polling schemes, the polling process and the counting of votes have several distinct advantages. It recommends that the devolved character of the process is the key to its success and should not be tampered with. One could therefore, even with the establishment of an electoral commission, still be in a position in which electoral administration was the responsibility of a number of bodies. The report recommends that, pending the outcome of a review of the law relating to the regulation of party and election funding, a single body should combine the functions currently performed by the Standards in Public Office Commission and by the registrar of political parties. The report notes that the electoral commission would be independent in the performance of its functions but that any such provision should not preclude an appropriate degree of accountability on the part of the electoral commission to the Minister for the Environment, Heritage and Local Government and to the Oireachtas.

The report considers that the following ex officio membership would be most appropriate for an electoral commission, namely, a chairperson who shall be a judge or a former judge of the Supreme or High Courts and as ordinary members, the Comptroller and Auditor General, the Ombudsman, the Clerk of Dáil Éireann and the Clerk of Seanad Éireann. The establishment of an independent electoral commission is not an insignificant move. The UCD study recommends that an electoral commission should be established through the enactment of an electoral commission Act. Such an Act would amend and consolidate the law in this area, bringing together in one Act the law relating to referendums and elections. This will be a major task. The renewed programme for Government of October 2009 has further clarified the Government’s intentions and ambitions in respect of what an electoral commission would do. I will not repeat the detail here as Members undoubtedly are all well familiar with it. When looking ahead, one must be mindful of the importance of effectiveness and value for money in delivering on structural or organisational change such as the establishment of an electoral commission. It will not simply be a matter of pulling together a few existing bodies. If an electoral commission is to achieve the objectives set out in the programme for Government, it must be adequately resourced and supported by all stakeholders. Having that support and achieving consensus for change might be the Government’s biggest challenge in this work. In the meantime I remind the House that the Minister is advancing reform on a number of fronts. This includes the introduction in 2009 of a spending and donations regime for local elections, a decision by the Government to cease once and for all the electronic voting project, as well as the publication of legislation for the election of a mayor for Dublin, which is a most significant reform initiative.

I wish to ask a brief supplementary question. It appears as though much work has been done on this issue as the Minister of State indicated that thought has been given to the possible membership of such a commission. I ask the Minister of State to inform the Minister that I am keen to find out a date on which it might be started. I thank the Minister of State.

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