DÁIL ÉIREANN AN COMHCHOISTE UM GHNÓTHAÍ AN AONTAIS EORPAIGH JOINT COMMITTEE ON EUROPEAN UNION AFFAIRS Dé Máirt, 15 Aibreán 2014 Tuesday, 15 April 2014 The Joint Committee met at 2 p.m. MEMBERS PRESENT: Deputy Eric Byrne, Senator Colm Burke, Deputy Seán Crowe, Senator Aideen Hayden, Deputy Timmy Dooley, Senator Kathryn Reilly. Deputy Bernard J. Durkan, Deputy John Halligan, Deputy Dara Murphy, Deputy Joe O’Reilly, DEPUTY DOMINIC HANNIGAN IN THE CHAIR. 1 VOTING RIGHTS OF EU CITIZENS: DISCUSSION (RESUMED) Voting Rights of EU Citizens: Discussion (Resumed) Chairman: I remind those present to turn off their mobile phones. It is not sufficient to leave them in silent mode. They need to be switched off, as otherwise they will interfere with the broadcasting equipment, which means that we will not be able to broadcast the proceedings. Members will be aware that the European Commission recently published a communica- tion on the voting rights of EU citizens living abroad and the impact of procedures in various countries in that regard. The Commission has criticised Ireland for not providing voting rights for its citizens living in other member states. With Ireland, Denmark, Cyprus, Malta and the United Kingdom have also been cited for disenfranchising voters who have exercised their right to free movement within the European Union. At this meeting, one of a series of meetings, we will hear the distinct perspectives on the non-Government side of the House. Fianna Fáil has nominated Deputy Timmy Dooley who is no stranger to the committee to present its views. Sinn Féin will be represented by Ms Lynn Boylan who is a member of its Ard Chomhairle, while an Independent’s view will be presented by Deputy John Halligan. Before we begin, I remind members of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person or body outside the Houses or an official either by name or in such a way as to make him, her or it identifiable. By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the joint committee. If they are directed by it to cease giving evidence on a particular matter and continue to do so, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the par- liamentary practice that, where possible, they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable. We have agreed that the order of speakers will be Ms Lynn Boylan, followed by Deputy John Halligan and Deputy Timmy Dooley. Each of our presenters has approximately five min- utes to make his or her contribution, after which we will take questions from members. Ms Lynn Boylan: I am grateful to the committee for the invitation to outline Sinn Féin’s proposals on voting rights for Irish people living outside the State. While Sinn Féin welcomes the communication from the European Commission addressing the consequences of disenfran- chising European citizens, our position on voting rights for Irish citizens living outside the State predates this communication and extends beyond EU member states, because it is based on the principle of equal citizenship. The current legislative disenfranchisement of citizens residing outside this State produces an unequal and two-tier citizenship. Sinn Féin supports full voting rights for all Irish citizens of voting age in presidential elections, regardless of their place of residence. This would give effect to Articles 2 and 3 of the Constitution, as amended by the Good Friday Agreement. Emigrant citizens are effectively disenfranchised immediately on their departure and dual citizens living in the North cannot exercise their constitutional right to vote. Currently an anomaly exists whereby Irish citizens living outside the State may stand for the Presidency and serve as President if elected but they may not vote for presidential candidates. For this reason we support the introduction of an express constitutional guarantee of a right to vote in presidential elections for all Irish citizens of voting age. While the method by which this right is exercised is a matter for ordinary legislation rather the Constitution, care should 2 JOINT COMMITTEE ON EUROPEAN UNION AFFAIRS be taken to ensure that Northern Unionists may also exercise this right should they so choose, without requiring them to compromise their identity or ethos. Sinn Féin welcomed the Constitutional Convention’s report on voting rights in presidential elections for Irish citizens living outside the State. Seventy-eight percent of delegates to the convention were in favour of extending voting rights. We also note, however, that the four- month deadline within which the Government was expected to respond has now passed. We urge the Taoiseach to arrange a debate in the Dáil on the matter and ask that such a debate be extended to include consideration of Oireachtas representation for Irish citizens living outside the State. With regard to voting rights for the Oireachtas, Sinn Féin’s position is twofold. In respect of diaspora representation, we regard the diaspora as fundamental to the Irish nation both his- torically and today. If we can ask our emigrant citizens and people of Irish ancestry to support Ireland financially and in the peace process, and to otherwise maintain and promote our cultural heritage abroad, it is not unreasonable to offer those passport holders who care enough to reg- ister and vote a limited form of representation in the Oireachtas. Sinn Féin proposes that such representation should take the form of a reserved constituency, which would neutralise any con- cerns people may have about swamping of electoral results by our large diaspora population. This would require an amendment to Article 16 of the Constitution. Sinn Féin does not support time limits on diaspora voting, and would instead require citizens in the diaspora to regularly register their intention to vote. In regard to Irish citizens living in the North, we recognise that the Oireachtas is not the Parliament of a united Ireland, but Northern citizens are nevertheless affected directly and in- directly by many of the decisions and laws made by the Oireachtas. For this reason, Northern citizens should have the right to appropriate representation in the Legislature as a form of equal treatment for their identity, ethos and aspirations, which is guaranteed by the Irish Government under the Good Friday Agreement. We propose that democratically elected MPs for Northern constituencies be accorded automatic membership of the Dáil, where they could exercise full rights of representation on matters they consider relevant to their constituents, subject to rea- sonable parameters appropriate to their non-residence in this State as set out in legislation. MPs who choose not to take their seats should nevertheless be afforded attendance and speaking rights on matters of direct concern to their home constituencies. Sinn Féin’s position on the Seanad is that the diaspora and Northern citizens should be rep- resented in a reformed Seanad that is fully inclusive, representative and accountable. We see this as taking the form of specified diaspora and Northern representation. Sinn Féin fully supports the extension of voting rights to Irish citizens living outside the State. We are obliged to extend voting rights not only under our EU obligations but also under the International Covenant on Civil and Political Rights. The public will to make such a change has been demonstrated in numerous polls and in the Constitutional Convention. What is now required is the political will to make the change. Deputy John Halligan: I wish to make it clear before I begin that while I was nominated by the Technical Group I do not necessarily represent the views of its members by virtue of its composition. More than 120 of the 196 nations in the world have enfranchised their citizens who live abroad. Many of the nations which deny the vote are either military dictatorships or given to 3 VOTING RIGHTS OF EU CITIZENS: DISCUSSION (RESUMED) elections that are neither fair nor free. Ireland falls into neither category, yet it remains one of only three EU member states to completely deny emigrants the basic democratic and civil right to vote. It is estimated that up to 500,000 Irish people who left the country as a result of our economic problems are disenfranchised. In the past two years alone, more than one quarter of the population have been affected by the emigration of a close family member. Without the right to elect a national representative, either at home or elsewhere in the world, these new emi- grants are denied meaningful access to our democratic process. Up to 500,000 Irish people, by being denied the right to vote in Dáil elections, are effectively denied their right to free move- ment. Concern has repeatedly been expressed at EU level that such a practice risks turning our emigrants into second-class citizens. Not only will many feel let down because they were forced to leave what they regard as a bankrupt country and a political system that failed them, but they are also denied any involvement in a future political system. Internationally, there has been an accelerating trend towards allowing overseas citizens to vote, even among countries with particularly high levels of emigration. We live in an intercon- nected and globalised society where, with the development of social media, Irish emigrants are in touch with home on a daily basis.