Updating Democracy: Ireland’s Electoral Commission | IIEA
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Updating Democracy: Ireland’s Electoral Commission

by Naoise Kenny

The Electoral Commission

The Irish Government has taken steps to reform and modernise the country’s electoral processes through the implementation of the Electoral Reform Act 2022. In line with commitments made in the Programme for Government – Our Shared Future, the Act provides the legal basis for comprehensive electoral reform and addresses a number of issues that have become increasingly salient in recent years, such as the growing influence of social media over the electorate and a decline in the number of elected officials on a per-capita basis, due to a sustained population increase in Ireland [1].

The wide-ranging provisions included in the Act aim, for example, to modernise the electoral registration process to deliver greater accessibility and bring more eligible voters onto the voting list. The introduction of new rules for political fundraising is included under the legislation, as is the regulation of online political advertising, which will seek to protect the electorate from hidden influences and support open and transparent discourse in the online space. As proof that the Government has the capacity to learn from recent events and adapt legislation accordingly, the Act even includes amendments to ensure that elections can proceed effectively if public health restrictions are in place due to a pandemic [2].

To ensure the effective administration of these changes among others, the Electoral Reform Act provides for the establishment of An Coimisiún Toghcháin - Ireland’s Electoral Commission – a new, state body that replaces the Referendum Commission and is tasked with managing the Register of Political Parties and overseeing elections in the State. In what has been referred to as the “most important reform of the electoral system in decades,” the Commission will be given a central role in the reconstitution of Ireland’s electoral apparatus [3].

Makeup and functions

Established in February 2023, the Electoral Commission is an independent body which is intended to reform election processes in Ireland. The body has been conferred with a range of regulatory and educational responsibilities to this end. The newly established Commission comprises seven members and operates under the stewardship of its Chairperson, Justice Marie Baker. Four members were selected by the Public Appointments Service, with two ex-officio members - Ombudsman Ger Deering and Dáil Clerk Peter Finnegan - rounding out the panel [4].

The Commission will be tasked with carrying out an array of both new and existing electoral functions. Among the existing responsibilities will be the maintenance of the Register of Political Parties, the running of public information campaigns on referenda, and the delivery of programmes designed to encourage voter participation. The Commission will also assume the laborious – but potentially the most politically interesting - task of reviewing electoral boundaries across Ireland for local, general, and European elections, and making recommendations to government based on its findings [5].

Among the new electoral functions to be performed by the Commission will be the completion of research on electoral policy and procedure, which will include the provision of ex-post reports on the administration of electoral events. In addition, the independent body will oversee the modernised Electoral Register, ensuring its accuracy and completeness. Importantly, it will also assume responsibility for the regulation of online political advertising and will monitor, investigate, and combat the use of misinformation and disinformation to disrupt or manipulate electoral campaigns [6]. Efforts to police the online space will no doubt be among the most challenging of the Commission’s responsibilities, but reforms in this area will be important if Ireland is to remain in line with other European Union member states, who are actively attempting to address such issues through the implementation of the Digital Services Act [7].

Redrawing boundaries

Among the most visible changes coming from the work of the Commission will be the restructuring of constituency boundaries for local, general, and European elections and, related to this, the decision of how many TDs (Teachtaí Dála - Members of Parliament) should sit in the next Dáil. The Commission is bound by constitutional provisions, which dictate that there should be one TD per 20,000 to 30,000 people in Ireland [8]. With recent census data showing that Ireland now has a population of 5.1 million – and consequently, a ratio of one TD per 32,000 people – the Oireachtas has given the Commission license to create anywhere between 11 and 21 additional seats in the lower house of Parliament. This means that, depending on the Commission’s findings, the next Dáil will consist of between 171 and 181 TDs, with most of the extra seats expected to be allocated to urban areas, where much of the growth in population has taken place. Commission representatives have said that they will make every effort to respect county boundaries during the redrawing process but have also acknowledged that there are cases in which this may not be possible, and where electoral constituencies may cut across county lines [9].

Ireland and Europe

The redrawing of electoral boundaries is not solely a domestic issue but may also have consequences for the European Parliament elections, which are due to take place in June 2024, when voters across the 27 EU member states will decide the makeup of the roughly 700-seat assembly charged with overseeing European legislation [10]. The Commission will consider how best to restructure the boundaries for the election of MEPs in Ireland, and this includes the possibility of creating a ‘national list,’ as opposed to the current, district-based constituency system, which comprises the Dublin, South, and Midlands-North-West constituencies.

Conclusion

Having recently concluded a public consultation, the Commission will consider the proposals it has received and is expected to submit a report to the Oireachtas in August 2023. The establishment of the Commission is a significant step towards reforming and modernising Ireland’s electoral system, and the outcome of its review will have important implications for both Irish and European politics.

For citizens, it will be important to become familiar with new constituencies and candidates once the restructuring has taken place. It seems likely that some of the larger, five-seat constituencies in rural areas will be split into two three-seaters, while some urban constituencies will increase from four seats to five. This constitutes a significant change for the average voter, who may see new and unfamiliar faces appearing on the ballot paper at the next election.

For political candidates, it will be critical to keep a close eye on the work of the Commission, which may well determine their electoral fate. Redrawn boundaries could result in a substantial loss of support if part of a candidate’s voting base is allocated to a new constituency. Conversely, the parties who are forecast to do well in areas where extra seats will be added stand to gain the most from the boundary review, with many pundits noting that Sinn Féin are likely to be the primary beneficiaries of the recast constituencies [11]. Whatever the outcome, the work of the Commission will have a significant impact on the formation of the next government, and on politics in Ireland.

Sources

  1. Department of Housing, Local Government and Heritage. (2022). ‘Significant Modernisation of Ireland’s Electoral System to be delivered under Electoral Reform Bill’, Gov.ie: https://www.gov.ie/en/press-release/859a0-significant-modernisation-of-irelands-electoral-system-to-be-delivered-under-electoral-reform-bill/
  2. Department of Housing, Local Government and Heritage. (2022). ‘Electoral Reform Act 2022,’ Gov.ie: https://www.gov.ie/en/publication/72f88-electoral-reform-act-2022/
  3. The Electoral Commission. (2023). ‘The establishment of An Coimisiún Toghcháin, the Electoral Commission, represents the most important reform of the electoral system in decades’, Electoralcommission.ie: https://www.electoralcommission.ie/the-electoral-reform-bill-2021-represents-the-most-important-reform-of-the-irish-electoral-system-in-decades-it-includes-the-establishment-of-a-statutory-independent-electoral-commission/
  4. The Electoral Commission. (2023). ‘Members of the Commission,’ Electoralcommission.ie: https://www.electoralcommission.ie/who-we-are/members-of-the-commission/
  5. Department of Housing, Local Government and Heritage. (2021). ‘Electoral Commission,’ Gov.ie: https://www.gov.ie/en/publication/0a17c-electoral-commission/
  6. The Electoral Commission. (2023). ‘Electoral Operations,’ Electoralcommission.ie: https://www.electoralcommission.ie/what-we-do/electoral-operations/
  7. European Parliament. (2023). ‘Why new EU rules for political advertising are important,’ Europarl.europa.eu: https://www.europarl.europa.eu/news/en/headlines/society/20230202STO71504/why-new-eu-rules-for-political-advertising-are-important 
  8. The Electoral Commission. (2023). ‘Dáil and European Parliament Constituency Review,’ Electoralcommission.ie: https://www.electoralcommission.ie/constituency-reviews/
  9. Spain, Sineád. (2023). ‘Public asked to make submissions on Dáil constituencies’, RTÉ.ie: https://www.rte.ie/news/2023/0423/1378556-electoral-commission/
  10. RTÉ. (2023). ‘EU set for June elections next year,’ RTÉ.ie: https://www.rte.ie/news/europe/2023/0517/1384068-eu-elections/
  11. Extra.ie. (2023). ‘Mary Lou McDonald's Sinn Fein 'big winners in a constituency carve-up,' Extra.ie: Sinn Fein 'Big Winners In A Constituency Carve-Up' (extra.ie)