Electoral Reform Bill 2022 signed into law by The President

The Electoral Reform Bill 2022 has been enacted. The establishment of the Electoral Commission will now proceed, with recruitment of its membership and Chief Executive to follow shortly. This groundbreaking legislation will bring about the development, modernisation and reform of Ireland’s electoral system, structures and processes.

The Act provides for:

• establishment of a statutory, independent Electoral Commission for Ireland;
• the modernisation of our electoral registration process to deliver greater accessibility and greater integrity;
• the regulation of online political advertising to provide for transparency during electoral campaigns and ensure that our elections remain free from hidden influences on how we vote;
• provisions to protect the integrity of our electoral processes which will see the regulation of electoral process information and online electoral information in order to guard against manipulative or inauthentic behaviour during electoral campaigns;
• the strengthening of our regulatory regime in respect of political donations and accounts, including the provision of new investigatory and enforcement powers to the Standards in Public Office Commission;
• amendments to electoral law to provide that voting on the islands will take place on the same day as for the rest of the country;
• the extension of flexible voting facilities which are currently available to persons with physical illnesses or disabilities to persons with mental health difficulties.

Speaking about the Bill, Minister for Housing, Local Government and Heritage, Darragh O’Brien, said:

"This Electoral Reform Bill is a substantive milestone in the evolution of our electoral system, and I am immensely proud of it. It is a fundamental strengthening of our electoral system and processes. It will make them more streamlined, effective, inclusive and resilient into the future.

"Critically, it builds new independent capacity within the electoral system to assess itself. This Bill represents reform that is both structured and structural.”

The Minister of State for Heritage and Electoral Reform, Malcolm Noonan, added that the bill mirrors a changing Ireland:

"As our society evolves, and the way we live changes, it is important that our electoral system evolves with it. This Electoral Reform Bill will ensure that our democratic structures and processes continue to be accessible and responds to the reality of how we live our lives.

"I am enthused about this Bill and, as Minister with responsibility for Electoral Reform, I look forward to ensuring that its many elements are brought to fruition as soon as is possible.”

During the final debates in relation to this Bill, which can be read by clicking here, a number of concerns were raised. One such example was by Senator Lynn Ruane who sought to delete the term "in so far as practicable" in respect of efforts to be made by the Public Appointments Service, PAS, to ensure an equitable balance between women and men on the electoral commission ( Now located at Section 10(5) of the Act ). She commented that she tabled an amendment aiming to achieve a similar end on Committee Stage, which sought a minimum level of representation of women on the commission.

Minister Noonan responded by stating:

"Having regard to the fact an coimisiún requires a wide range of skills and experience to carry out a broad array of specialised functions, I do not intend to make this provision more restrictive, as to do so could militate against its ability to get the requisite skills and experience on board. I note that section 18(5) (SIC) accords with the provisions set out in section 16 of the Department of Public Expenditure and Reform's guidelines on appointments to State boards, which specifies a target of at least 40% representation of each gender on State boards."

To read the full Act as commenced, please click here.