CATHERINE MURPHY T.D. LABELS GOVERNMENTS’ AT ELECTORAL REFORM A DANGEROUS PUBLICITY STUNT

Press Release 30th June 2011

Independent T.D. for Kildare North, Catherine Murphy has today warned that the Electoral (Amendment) Bill 2011 being rushed through the Dáil next week may pose constitutional problems in light of the Preliminary Census Figures released today and has strongly urged the government to invest a little more time in formulating the legislation now so that it does not need to be redrawn latter at a cost to the taxpayer.

There are certain provisions in the bill that I’m very happy to see, like for example the requirement that bi-elections be held within 6 months of a Dáil vacancy arising, but we have to get it right the first time around and for the sake of taking a few extra weeks to consider the Preliminary Census Figures, problems down the line will be averted.

The provision of the Bill that Murphy claims may cause some constitutional concern is section 3.6 which changes the number of TDs in the country from a defined number of 166 to a range between 152 to 160.

I think any measure that reduces the cost placed by TDs on the exchequer is extremely important and I’m extremely keen support and encourage measures aimed at doing that but if the government wants to make changes like this they have to consider the constitutional implications

Article 16.2.1 of Bunreacht na hÉireann 1937 states that there shall be no less than 1 TD for every 30,000 people and no more than 1 TD for every 20,000.  Based on the Premliminary Census Figures released by the CSO today (30th June 2011) the Irish population now rests at 4,581,269 people, meaning; there is currently an average of 27,598 people represented by each of the 166 TDs; if the government’s proposed changes are introduced and the number of TDs drops to the of 160 TDs, this will result in 28,633 being represented by each TD; if the number of TDs was to drop to the minimum proposed by government of 152 TDs that would represent an unconstitutional 30,140 persons per TD.

I don’t disagree with reducing the number of TDs but I do disagree with a situation whereby the government invests large amounts of time and money in creating legislation that according to the most up-to-date population figures could be found repugnant to the constitution.  As legislators we have a duty to ensure that the Statute Book of the State don’t become clogged with sloppy and badly thought out legislative additions and I’m strongly urging the government to review these proposals as a whole, to consider the potential for constitutional challenge they pose and to put a more effective proposal on the table.

Deputy Murphy has a particular interest in matters of equality of representation as was demonstrated by her taking and winning a constitutional challenge in 2007 [Murphy & Anor -v- Minister For Environment & Ors, [2007] IEHC 185 (2007)] which forces governments to use the Preliminary Census Figures available to them when they make changes such as this.

ENDS

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Posted by admin on June 30, 2011. Filed under Elections & Referendums,In the Dáil,Political & Public Service Reform. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry