Seanad Report:The Government has sought the advice of the Attorney General on whether primary legislation was needed for the introduction of electronic voting, the Government leader in the Seanad, Ms O'Rourke, said in response to concerns voiced by Mr Brian Hayes, Fine Gael leader in the House.
Mr Hayes said that in the Dáil last week, the Tánaiste had stated that it was her view that primary legislation would be required.
But the Minister with responsibility for this area had said that it could be done by ministerial order.
Mr Hayes said he believed that primary legislation was required, in the light of the fact that the courts had ruled that all power was vested in the Oireachtas and not in a minister who could arbitrarily make an order or a statutory instrument based on primary legislation.
When it came to elections to the European Parliament, there was a very strong case for the electorate being allowed to choose from the mainstream parties, including all parties in the House, which were committed to the European project, Dr Martin Mansergh (FF) said.
"I do not see much point in electing people who are doubtful or sceptical about the European project. They will be treated as marginal in the European Parliament because the overwhelming majority of representatives are committed to Europe. It is a question of maximising our clout as a small country in the European Parliament."
He said it was important that in the context of the shrinking number of our representatives that we had the best possible people who were committed to European progress and the European institutions.
"I do not think representatives who are there to express doubt and scepticism about the whole project will have credibility or influence among their peers from all the other countries. We do not want to convey an attitude summed up by the phrase, 'stop the train, I want to get off', added Dr Mansergh, who was speaking in the debate on the European Parliament Elections Bill.
Mr Brendan Ryan (Lab) said he would cease to be a member of the Seanad if elected to the European Parliament because membership of "this House is irreconcilable with the job of MEP. It is time we moved on from the derogation negotiated in respect of the Dual mandate.
"It is ridiculous that one is not permitted to a member of a local authority and a member of the Oireachtas simultaneously, but one may continue to be a member of the Oireachtas and of the European Parliament simultaneously.
"That decision smacks of Government hypocrisy and I again invite the Minister to amend the legislation and to provide that, as of the next election, elected members of the European Parliament must immediately resign their membership of the Oireachtas and by-elections will be held."
Mr Brendan Daly (FF) said he supported the Bill but he hoped it would be the last time that the House would see a piece of legislation such as this. He asked the Minister to use his influence with his colleagues to change the Electoral Act to enable the commission to examine twin-seat or single-seat constituencies, or perhaps a list system. This would allow Ireland to conform with the practice in Europe.
"The least we can have is a uniform system of elections throughout Europe to the European Parliament. The system in Ireland is crazy. We should be in line with other member-states. A common system of elections would give a good idea of people's attitudes to Europe."
Mr Paul Bradford (FG) said the Bill was making an unsatisfactory system even worse. He said its provisions would increase the distance between the people and those who were supposed to represent them in the European Parliament. An opportunity had been lost, he added.
"If we are all around five years from now, I hope we will discuss a new system of election to the European Parliament. I hope such a system will bring the electorate closer, geographically, to their representatives."