Ó An Roinn Tithíochta, Rialtais Áitúil agus Oidhreachta
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The Minister for Housing, Local Government and Heritage, Darragh O’Brien, and Minister of State for Heritage and Electoral Reform, Malcolm Noonan, today (Wednesday, 30 March) announced the publication of the Electoral Reform Bill. The Bill will bring about major modernisation of the electoral system, delivering on several commitments in the Programme for Government.
The Bill provides for a new statutory, independent Electoral Commission to take on a range of electoral functions. The Bill also aims to increase voter engagement and participation in our democratic processes through a simplified registration process as well as providing enhanced public education and information in relation to the holding of elections and referendums.
Speaking today, Minister O’Brien said:
“As we approach our centenary as a democratic state, it feels wholly appropriate that we introduce reforms and improvements to strengthen the future of our democracy and democratic processes. Indeed, as we reflect on current world events, it is worth reminding ourselves that the democratic rights we enjoy are denied or threatened in many other countries. With this Bill, the government has committed to a renewal and a strengthening of our democratic infrastructure.
“I am particularly pleased that the Bill has provisions to simplify our voter registration process and to promote greater education about our electoral system. Any measures which boost awareness and participation deserve to be welcomed.”
Minister of State for Heritage and Electoral Reform Malcolm Noonan said:
“This Bill and the new and independent Electoral Commission that it provides for will have wide-ranging benefits for Ireland’s democracy. These include making voter registration easier and more accessible while strengthening the integrity of the process; supporting young people, women, Travellers and Roma, people with a disability and migrants to get involved; spreading the word on voting, elections and the importance of people exercising their democratic rights; and enhancing the resilience of our democracy against modern challenges.”
Under the proposed Bill, an Electoral Commission will be established as an independent, specialist body with a broad remit in electoral oversight to inform the evolution of our electoral system.
The Bill allows for the new Commission to assume a number of functions immediately, including the work of:
In respect of referendum proposals, the Electoral Commission will take on the decision-making, oversight, secretariat and supporting services associated with explaining what people are being asked to vote on. The Commission will promote public awareness of referendums and encourage people to participate in our democratic processes. It will replace the existing model of establishing a separate Referendum Commission every time a referendum is held.
A new policy research and advisory function is being assigned to the Commission to advise the government on electoral issues, placing it at the centre of our electoral processes. The Commission will operate at a strategic level, overseeing the Electoral Register, and reviewing the conduct of future electoral events.
The Bill sets out the framework for the modernisation of the electoral registration process. It provides for rolling, or continuous registration, which will standardise and simplify the process. Transparent data-sharing and the use of PPSNs will enable data checks to protect and improve the integrity of the register.
This will also enable online applications in most circumstances. Local authorities will retain their existing responsibilities for maintaining and updating the register. The Bill provides for the designation of a single registration authority to manage a shared database for all local authorities to use in their registration duties. The process will be supported by new provisions for reporting to, and oversight by, the Electoral Commission, which is empowered to make recommendations and set standards in relation to the register and its processes.
To support greater participation, several additional features are also provided for, including the facilitation of anonymous registration for persons whose safety may be at risk if their names are published in the register; provisions to enable pre-registration for 16 and 17 year olds; arrangements for those with no fixed address; and bringing better and more flexible options for people who – because of mental health difficulties – are not able to attend polling stations to vote.
Furthermore, under the provisions of the Bill, Ireland will be among the first countries in Europe to provide for the regulation of online political advertising. These provisions are proposed to ensure that online political advertisements are clearly labelled and are accompanied by transparency notices clearly identifying the sponsor of the advertisements, their associated costs and why the recipients of such advertising are being targeted.
The Bill applies similar but enhanced requirements to paid online political advertising commissioned during electoral periods to those that apply to traditional poster-type advertising. The Bill will place an obligation on online platforms to determine if advertisements fall under the scope of the legislation and, for the purposes of transparency, to identify and verify the information and documentation provided by the buyers of the advertisements.
Minister O’Brien today pointed out that he has also asked the Attorney General to prepare proposals and options for inclusion in this Bill around the protection of the integrity of our electoral process against disinformation. This could include the Electoral Commission being assigned an appropriate function in this regard. It is expected that the Attorney General will revert to the Minister with options shortly. Any necessary amendments to the Bill will be brought forward as the Bill progresses through the Oireachtas.
Minister O’Brien added:
“Today marks a watershed moment as we bring about major modernisation of our electoral activity. The Electoral Commission – a new statutory, independent body – will provide key expertise and advice on important matters related to elections and referendums and play an important role in educating all citizens of their rights and roles with regard to our democracy.
“The introduction of controls around paid online political advertising is a pioneering move among our European counterparts and will be an important measure in ensuring transparency between political groups and prospective voters.”
Minister Noonan added:
“It is vital that our Council and Dail chambers are more representative of the people who live here, and the Commission will play an important role in addressing this issue through its advocacy, research and promotion remit. I’ll be tasking the Commission with prioritising research into key Programme for Government commitments around expanding the use of postal voting and examining the Scottish experience of reducing the voting age to 17. In addition, in recognising the relationship between constituency sizes and representational outcomes, I intend to work with colleagues across Government to explore the potential for the Electoral Commission to conduct research to examine the extent to which Ireland has been well served by constituency sizes in terms of representational outcomes.
“I’d like to thank everyone who played a part in the development of this Bill, especially the members of the Joint Oireachtas Committee on Housing, Local Government and Heritage, who carried out a thorough pre-legislative scrutiny on the Bill, consulting with many important experts. Our electoral processes need to move with the times and this Bill reflects the many ways in which Ireland has changed.”
The Bill will now proceed to be introduced to the Dáil for further debate and discussion and can be viewed on the Oireachtas website.