Last week Senators Feargal Quinn and Katherine Zappone published the Seanad Reform Bill 2013. The Bill offers a radical reform of Seanad Éireann as an alternative to its abolition. A referendum on its abolition is set to be held in October along with a vote on reducing the voting age to 16.
The Bills central proposals include;
· Giving every citizen a vote in Seanad elections and also proposes to extend the franchise to emigrants and people living in Northern Ireland;
· A 50/50 gender balance in the make-up of the Seanad;
· Radical change to the process of nominating candidates, including allowing individuals to be nominated by popular support;
· Giving the Seanad additional powers in the scrutiny of legislation, the examination of public appointments as well as the holding of inquiries;
· The Salary of Senators should be half that of TDs.
Mr Quinn said on the issue of voting rights for Irish emigrants “Too many of the best and brightest of the next generation have had to depart our shores out of sheer economic necessity. I passionately believe that these young people, like other emigrants, are entitled to a voice in our national parliament.”
Click here to an article from the Irish Times and here from the Irish Examiner
Click here to read an article by Senator Fergal Quinn
Ireland’s voting legislation, which excludes citizens living abroad from voting is set to come under increased pressure from the EU. European Commissioner Viviane Reding recently launched the EU Citizenship Report 2013 http://ec.europa.eu/justice/citizen/files/2013eucitizenshipreport_en.pdf. The report is an action plan with concrete action items to improve EU citizens’ rights in a number of areas. This report includes 12 initiatives which seek to make citizens’ involvement in society more meaningful. One of these initiatives includes strengthening citizens’ participation in the democratic process. The Commissioner made a note of the exclusion in place in Ireland and five other Member States. The action plan states that the practice in some Member States of depriving their citizens of their right to vote once they move to another EU country effectively is tantamount to punishing citizens for having exercised their right to free movement.
Click here http://europa.eu/rapid/press-release_IP-13-410_en.htm to read a press release from the European Commission
In related news, on 7 May the European Court of Human Rights (ECtHR) dismissed an attempt by a United Kingdom expatriate which sought to overturn a ban on expatriates voting after they have lived abroad for more than 15 years. At present the UK election laws prevent those resident outside of the UK for more than 15 years from voting. Mr Shindler claimed that the time frame has disenfranchised him completely and was a violation of Article 3 of protocol no 1 (the right to free elections) of the European Convention on Human Rights (ECHR).
The Court considered the central question of the case to be whether the election laws in question were a proportionate limitation on the right to vote which struck a fair balance between the competing interests. Particular emphasis was placed on a member states ‘margin of appreciation’ in this area. This margin allows member states room to manoeuvre in formulating their legislation on this topic. The Court concluded “having regard to the margin of appreciation available to the United Kingdom in regulating its parliamentary elections, that the restriction imposed on Mr Shindler’s right to vote was proportionate to the legitimate aim pursued.”
Click here to read the judgment Judgment Shindler v. the United Kingdom – right to vote of British national living abroad
Click here to read an article from The Guardian http://www.guardian.co.uk/law/2013/may/07/briton-ban-expats-voting-elections