President urged to reject Government's electoral reform bill 

Bill has 'serious failings' and needs to go back to the Oireachtas for further work, Sinn Féin says

Sinn Féin claims President Michael D Higgins has been placed in an 'invidious position' over electoral reform bill. File picture: RollingNews.ie

President Michael D Higgins should reject the Government’s electoral reform bill, which is in breach of EU law, Sinn Féin has said.

Commenting on the Irish Examiner story that the EU Commission has concluded that major parts of the bill are “not compliant” with existing rules, Sinn Féin housing spokesperson Eoin Ó Broin said Housing Minister Darragh O’Brien has placed the president in an “invidious position”.

With the legislation due to be signed into law in the coming days, Mr Ó Broin said on Thursday that the bill, which was guillotined by the Government and which was subject to a significant number of last-minute changes, was defective and needs to be rejected.

“I am very conscious of not telling the president what to do, but I would be urging him to send this bill back to the Oireachtas for further work in light of the serious failings in the bill,” he said.

Mr Ó Broin said there were potentially more concerns to be raised by Europe as another section of the bill, part 5, includes harsher regulations about political misinformation than the ones already found to be in breach of EU laws.

The Taoiseach has denied a shortened Dáil debate led to an EU rebuke of the Electoral Reform Bill.

The bill, which seeks to overhaul rules around Irish elections and advertising among other things, was voted through last week in a guillotined debate.

However, the European Commission has found three sections of the bill relating to political advertising are not compliant with Articles 14 and 15 of the EU’s ecommerce directive.

Sinn Féin housing spokesperson Eoin Ó Broin: 'I am very conscious of not telling the president what to do, but I would be urging him to send this bill back to the Oireachtas for further work in light of the serious failings in the bill.' Picture: Leah Farrell / RollingNews.ie

Speaking in Singapore, Michéal Martin said he did not believe the shortening of the debate played a part in the commission's opinion.

"It wasn't overlooked because the European Union has been drawing up its own codes of practice and standards in relation to this.

"This is protecting our democracy as we have seen in other democracies. How the whole social media revolution, how the manipulation of data utilisation, data analytics, algorithms and so on, can affect referendums can affect elections.

"It is challenging, a balance has to be arrived at but there is a mechanism whereby consultation has to take place with the European Commission. That consultation will take place."

Mr Martin said the Government would outline its position ahead of the August 5 deadline but he is confident the Government was in compliance with EU law.

"We will engage with the EU as we have to with all legislation, particularly legislation that may affect the market, for example. In some instances, we have to engage with the European Union. And we believe issues can be resolved."

In response to queries from the Irish Examiner, a spokesperson for President Higgins said the president, when considering any piece of legislation before, him gives careful consideration to his constitutional duties.

Article 26.1.1. of Bunreacht na hÉireann states: "The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bills is or are repugnant to this Constitution or to any provision thereof."

In response, a spokeswoman for Mr O'Brien told the Irish Examiner that the relevant sections of the Act will only be commenced in tandem with EU law.

She said there is continued engagement with the EU Commission in relation to the legislation and that "will continue over the coming weeks."

Consultation periods are ongoing on Parts 4 and 5 of the bill with Europe. "This provides an opportunity for stakeholders and the European Commission to provide comments or observations on the relevant provisions in the Bill. Any comments or observations arising from consultation process can be considered in advance of the commencements of Parts 4 and 5," the department said.

In response, a spokeswoman for Mr O'Brien told the Irish Examiner that the relevant sections of the Act will only be commenced in tandem with EU law.

She said there is continued engagement with the EU Commission in relation to the legislation and that "will continue over the coming weeks."

Consultation periods are ongoing on Parts 4 and 5 of the bill with Europe. "This provides an opportunity for stakeholders and the European Commission to provide comments or observations on the relevant provisions in the Bill. Any comments or observations arising from consultation process can be considered in advance of the commencements of Parts 4 and 5," the department said.

The European Commission found parts of the Government’s Electoral Reform Bill rammed through the Oireachtas last week, were incompatible with European law directives on online advertising.

Mr O’Brien has been criticised by the opposition for the “grossly irresponsible” manner in which the legislation was guillotined last week, even though the commission issued its judgment on July 5.

The Government has until August 5 to respond to this detailed opinion and is obliged to inform the commission of the action it intends to take to rectify this situation.

“Should the Irish Government not comply or should the draft text be adopted without account being taken of the above objections, the commission may commence proceedings,” the judgment stated.