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Dáil Éireann díospóireacht -
Tuesday, 1 Jun 1982

Vol. 335 No. 3

Ceisteanna—Questions. Oral Answers. - Voting Rights.

7.

asked the Minister for the Environment if he has any plans to extend voting rights in general elections to citizens of the United Kingdom who are resident in Ireland.

8.

asked the Minister for the Environment if it is intended to extend voting rights in future general elections to citizens of EEC member states permanently resident in Ireland.

9.

asked the Minister for the Environment if he is in a position to indicate when British citizens resident here will be given a vote in national elections.

10.

asked the Minister for the Environment whether he intends to introduce amending legislation to allow British citizens and other European nationals who are now permanently resident in Ireland, the right to vote in our general elections.

11.

asked the Minister for the Environment the outcome of his examination of the voting rights of British citizens resident in Ireland.

12.

asked the Minister for the Environment when the franchise in Dáil and presidential elections will be extended to (a) British citizens; and (b) citizens of other members of the European Community.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 7, 8, 9, 10, 11 and 12 together.

Citizens of the United Kingdom and of the other member states of the European Community who are resident here have voting rights at European Assembly and local elections on the same basis as Irish citizens. The question of legislation to effect a further extension of voting rights to British citizens resident here is being examined.

I should like to thank the Minister for his reply which, unfortunately, is very vague. I should like to ask the Minister, in view of the fact that in the document, Anglo-Irish Joint Studies, published on 11 November 1981——

The Deputy may not quote from the document.

I will not quote from the document. In that document it was stated that the Irish side, which was led by the Taoiseach, Deputy Haughey, intended to introduce proposals——

The Deputy must ask a question.

In view of the statement in the Anglo-Irish Joint Studies published on 11 November 1981——

I was not Taoiseach on 11 November 1981.

——that in December 1980 the Irish side agreed to proceed with legislative proposals to enfranchise British citizens living in Ireland as a reciprocal measure because of the unique relationship between the two countries and in view of the fact that these studies were to be undertaken then, 18 months before Deputy Haughey went out of office, I should like to ask the Minister what progress was made in those studies and in implementing the undertaking in the Anglo-Irish Joint Studies?

As I have already stated, the question of legislation to effect a further extension of voting rights to British citizens resident here is being examined. Many aspects have to be looked at such as whether this would require a change in the Constitution or could be dealt with in a simple Bill. Certain advice has to be obtained and we are going through that process. I should like to tell the Deputy that Fianna Fáil were out of office during the period involved.

Is it the Government's intention to extend the franchise along the lines suggested?

The whole question of an extension of the franchise to British citizens and to citizens of other states is being looked at not only in the context of Dáil elections, which the question referred to, but in the context of Presidential elections and referenda. The question of voting rights at European elections is also being considered.

Will the Minister agree, as a matter of principle, that voting rights would more appropriately be based on long residence than on citizenship?

There are constitutional questions involved. There is reference in the Constitution to "citizen" and "resident" and I would not like to comment now on the principles involved.

Will the Minister give a specific time scale on this? Is he prepared to say that there will be a report in three months or six months on this matter in view of impending elections?

I would not like to mislead the House by giving a specific date but I can assure the Deputy that it is being pursued as a matter of urgency.

I should like to ask the Minister if (a) the Attorney General's office has been consulted on the matter and if there is a definitive report back from that office and (b) if he will confirm that it is his Department who will have responsibility for bringing in whatever proposals are required arising from that.

On the last part of the question first, my Department will be involved. Regarding the first part of the question, I have asked the Attorney General for advice; I have received a preliminary response only within about the last week which is being examined at the moment and there will be further advice on it.

In view of the stated intention of the Fianna Fáil Government in December 1980 and the undertaking given to the British Government that it was the intention——

That is a repeat question.

Has there been any change in the position since December 1980 when an Irish Government undertook to introduce legislation to extend the franchise to British citizens, or is the Government's intention now to introduce such legislation?

I have already answered that both in my direct answer and in responses in particular to Deputy Quinn.

The Minister has not.

As I have already indicated to Deputy Quinn——

The Minister is not answering my question.

I am not responsible for the Minister's answer.

Has there been a change?

As I have indicated to Deputy Quinn, the AG's office has been asked for advice, some preliminary advice has been received on this whole question and there has been no change at this stage.

Will the Minister accept that the Taoiseach of the day, who is now Taoiseach again, gave a solemn commitment to another Government on this matter? Would he consider that promises to another Government should be in a different category from promises to constituents in Dublin West? They cannot be treated as glibly and a promise of this nature made should be kept. If that is the case, will the Minister now state what is the delay in introducing this legislation which the then Taoiseach thought could be introduced very quickly in December 1980? Will the Minister give a time scale for the introduction of such legislation?

I remind the Deputy that he was in government for a couple of months — a seven-month period in fact. What did he do about it?

This is the second time that this child has repeated this allegation as if there was nothing done when we were in government.

That is a derogatory remark.

A Deputy

I thought this was the year of the child.

(Interruptions.)

Of course, I withdraw it, but there was an implication in what the Minister said that nothing was done in the term of our Government about this matter which has been complex and difficult. It involves the AG's office, the Taoiseach's office and the Department of the Environment who will merely be the people through whom the legislation is brought in here. The Minister suggested that nothing was done regarding this matter during the seven months that we were in government. He should acknowledge that something was done, as a number of documents in his Department will prove.

I did not say that nothing was done. I said that no legislation was introduced. I agree fully with the Deputy and I am glad that he is vindicating the responses I gave to some of his backbenchers that it is a very complex matter which needs great consideration, the advice of the AG and other things. If the Deputy when Minister for the Environment had acted on this or on any other matter, particularly in the construction industry, we would not have the problems we have today.

The Minister suggested that there may be constitutional difficulties. In those circumstances would he tell the House if he will consider having this proposal coupled with the constitutional referendum that we have been promised for the autumn?

No, I will not tell that to the House.

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