The purpose of this paper is the following: 1. To make a submission to the Joint Committee on the Constitution. Specifically their examination of the functioning of the current electoral system for the election of members of Dáil Éireann by the PR –STV system in multi –seat constituencies and aspects of the procedure for election to Dáil Éireann prescribed by Article 16 of the Constitution. 2. To focus, not on the actual electoral system but, on ancillary matters which are also under the brief of the Committee, namely: (i) Improving the voting register and (ii) Reduction of the voting age from 18 to 17. 3. To show that the success of the 2.(i) and 2.(ii) would be dependent on the establishment of an electoral commission. 4. To outline in brief the necessity for the establishment of an electoral commission. 5. To bring to the attention of the Committee that any reform of the electoral system decided upon would of necessity be done in tandem with reforms in the areas mentioned above namely 2.(i), 2.(ii) and 3. 6. To further ask the Committee that should they deem it unnecessary to support Constitutional reform of our electoral system that the matters mentioned above in 2.(i) 2.(ii) and 3 be deemed worthy of reform in any event. Page 1 of 6 At the outset it is intended to deal with the issues raised in 2.(i) , 2.(ii), 3. and 4. as follows: 2.(i) a) To show the weaknesses inherent in the current system of operation of the register of electors and to highlight the fall-out these are having on the voting population. b) To propose alternative methods for registration. 2.(ii) a) To show that the reduction in the voting age will assist in the proper formulation of voter registration. 3. To show how the establishment of an Electoral Commission will be an essential element for the successful operation of 2.(i) and 2. (ii). 4. To show an example of an existing successful electoral commission. Page 2 of 6 DETAILED POLICY STATEMENT IMPROVEMENTS IN THE REGISTER OF ELECTORS. 2.(i) a) The Committee are well aware of the current system of voter registration. It is antiquated and with current technological advances not user-friendly. The localisation of the voting registers, whereby each local authority controls, as it were, who is and who is not registered is open to abuse and in fact may be seen to unwittingly encourage fraudulent voting. The onus is first and foremost the responsibility of the eligible voter to register. It is clear that persons with strong political leanings or national pride would wish to do so and make the effort. No allowance is made for those amongst the population who are uninterested, unwilling or simply unable through lack of knowledge of the system to register. Voter apathy is rife in these circumstances. Efforts to ensure eligible persons vote are thwarted for many reasons. Not least amongst them the proliferation of new housing estates and large apartment blocks and the problems encountered by officials to gain access to information (other than at census time) on the eligibility of the residents to vote has been well documented. Whilst we have a system of voter registration that is inconvenient and not easily understood manifesting in lack of voter awareness as to their rights of eligibility we also have an anomaly in the system that needs to be seriously addressed. This arises when a General Election is called. The time span between the calling of the election and the publication of the Supplementary Register of Electors, ten days prior to the election itself, allows for eligible voters not already registered to register. Time does not allow for the validity of such voter registrations to be checked and the excessive volume of the eligible voters’ ‘rush’ to register at this time has been documented. The involvement of elected officials in the operation of the register also needs to be addressed. The current system whereby elected officials from local councils through to the members of the Seanad are written to and ‘invited’ to inspect the draft register of electors, with a view to including or excluding voters, supports the involvement of political parties in the registration of voters. Whilst the inclusion of those eligible to vote but not registered is commendable, political parties, or indeed any private individual, should not be able to exercise the right to remove any citizen from the voting process, as is currently the case, even though the voter has recourse through the courts. There exists the clear inability of the local Authorities to adequately compile the register of electors. In 2006, the then Taoiseach, Bertie Aherne (Leader’s questions 03/05/06) by way of reply on this matter Page 3 of 6 said “ the only way to correct the register and get it right is if local authority officials or political activists go out and send back information to be checked. That is how the system has worked since the foundation of the State” The system is not working. During the same debate Deputy Pat Rabbitte stated that “according to the Minister for the Environment our register could have up to 800,000 inaccuracies and this is with an electorate of approximately 2 million persons.” The system cannot work without centralised registration using modern technological advances. The use of ‘foot soldiers’ as advocated by Deputy Ahearn has been shown to be the weakest link in this case. ALTERNATIVE METHODS OF REGISTRATION: 2.(i)b) The Committee may or may not be aware of the highly acclaimed electoral registration system operated by the New Zealand Parliament a Country not dissimilar to Ireland in population. Their Electoral Enrolment Centre is a self-contained business unit of the New Zealand Post Ltd., with the Company’s Chief Executive holding the role of Chief Registrar of Electors. The success of this operation lies in the following statistics; in 2008 2.99 million or 95.31% of the eligible population was enrolled to vote – an accuracy level of 95.9%. Statistics also show that the New Zealand enrolment system and levels are amongst the best in the world. In the interests of brevity, it is not at this stage necessary to detail the system in its entirety except to perhaps highlight some of its most innovative characteristics: Operation of a National Database Major billboard advertising campaigns from time to time Free-text - name and address to an advertised number to obtain an enrolment form Daily up-date of the Electoral Roll to ensure accuracy The existence of a ‘dormant’ electoral roll Dedicated election field workers Moving home? Follow up procedures in place after 30 days. The tagging of the old address to ensure registration of new occupants We have already in Ireland a methodology that could be utilised that includes: The inclusion on the census form of information that could be used without comprising the right to privacy of the individual Page 4 of 6 The use of the PPS number that each citizen now holds, to allow for automatic registration at voting age. REDUCTION OF THE VOTING AGE FROM 18 TO 17: 2. (ii) The involvement of young people in the voting system through registration whilst still attending second level institutions has not been utilised. By registering to vote at 17 through the school systems it would enable parliament to ensure at very least all school-going young adults had been registered in the system. Once a voting pattern had been established at this stage it would act as an incentive to follow through and ensure continued registration. Evidence of interest in politics and government is proven by the high numbers attending such courses at Third Level. In the case of UCC alone (where over 70% of the attendees are from the Munster area) over 550 students from the 2009 entry group are taking these subjects in year one of their studies. The nurturing and encouragement of voters from an early age can only have positive effects for the electoral system. The establishment of an Electoral Commission. 3. In outlining the weaknesses in our registration of electors and subsequently in proposing alternative methods of registration and also in the proposal to reduce the voting age from 18 years to 17 years of age it is apparent that a separate and independent body has to be established. The changes to our registration system need to be addressed as a matter of urgency. Changes in the functioning of the current electoral system if deemed to be necessary and worthwhile will only support one, albeit vital element, of our electoral system. The rights of the voting public, the encouragement to vote, the ease of registering and the nurturing of our young people in this parliamentary process are as important if not more so than the voting system. The Department of the Environment’s mission statement refers to the development and implementation of a modern and efficient electoral system, democratic governance and public participation in the electoral system. To ensure this the establishment of an Electoral Commission that would take this mission statement as definitive would establish once and for all an equitable electoral registration system. Page 5 of 6 4. Given the statistics and success of the establishment of the New Zealand Registrar of Electors (as evidenced previously in this document) it would appear that this system, which may not necessarily suit the Irish system in its entirety, could well be utilised as a role model. Some credence may also be placed on the Northern Ireland Electoral Commission, a system successfully now operating on our doorstep. CONCLUSION: The weaknesses in the registration of eligible voters needs to be addressed as a matter of urgency. The establishment of an Electoral Commission with the remit to tackle this and other pertinent issues is key to fostering transparency, promoting independent authority and enshrining the rights of the key people in the Irish Democratic system - the VOTERS. Page 6 of 6