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The right of citizens living outside the southern
State to vote for the President of Ireland is now a significant issue of
debate, especially here in Dublin. Last week ‘Voices for Irish Citizens Abroad’
(VICA) visited the Oireachtas to engage with TDs and Seanadóirí on the
referendum, which is to be held in October or November.
That evening they held a public meeting in the EPIC
centre on the Quays. EPIC is the Irish Museum of Emigrants and tells
the story of the millions of Irish who left our shores as a result of poverty,
hunger, economic crisis or political repression. It was a very appropriate
venue for a very informative and encouraging engagement..
Four years ago I asked the then Taoiseach Enda
Kenny when the referendum on extending the franchise in Presidential elections,
as supported by the Constitutional Convention in 2013, would take place. He
refused to set a date. But Kenny’s reticence didn’t succeed in pushing the
issue off the political agenda. On the contrary, Sinn Féin and others,
especially from within the diaspora, continued to lobby for the right to vote
for the President to be extended to citizens living in the North and within the
diaspora.
In February speaking in the Dáil An Taoiseach Leo Varadkar
explicitly set out his agenda for such a referendum. He said he wanted to hold
the referendum in October. His proposal was that all citizens, wherever they
live in the world, “will be entitled to register to vote for the next
President.” It will be a postal ballot for those not living in the
state and it would not be linked to a passport because there are citizens who
do not have passports. He said: “As a result it will be linked to
citizenship”.
Last month I asked Mr. Varadkar when he expected
the legislation to facilitate the referendum to be published. He said he
expected it to be published before the Dáil went into recess for the summer on
July 11th. This was necessary in order to ensure that any legislation had time
to pass through all stages in the Dáil and Seanad to ensure the referendum
could be held on time.
When the Bill wasn’t published Mary Lou McDonald
raised the issue with Mr. Varadkar last week. The Taoiseach told her that the
plan is for the Bill to be published by the end of this month to allow for the
establishment of a referendum commission. Subject to no hiccups he expects the
referendum “in October or November of this year.”
So, if Mr. Varadkar is true to his word the
legislation will be published within the next fortnight. However, given the
delays that have occurred to date vigilance is required to ensure that these
commitments are honoured.
But agreeing the date and passing the legislation
is only one part of the battle ahead. Holding the referendum is important.
Winning the referendum is essential. Already there are some voices being raised
within the southern political and media establishment opposing the proposal.
The arguments against a referendum and for a NO
vote include the claim that the current electorate would be swamped by the
diaspora and voters from the North. The proponents of this view warn against a
President being elected who is not supported by people who live within the 26
counties.
Of over 120 countries around the world who allow
their overseas citizens to vote in elections none has ever raised a concern
about this aspect of it. On the contrary the evidence suggests that the
relatively small number of citizens abroad who do vote in elections generally
follow the pattern of those living within the state.
Another argument heard is a variation on the slogan
from the American Revolution’s ‘no
taxation without representation’. In this instance it has become ‘no representation without taxation.’ In
short if you don’t pay taxes you shouldn’t be allowed to vote. This is a deeply
flawed position which if followed through logically would mean that pensioners,
citizens on low incomes, parents who stay at home with their children, citizens
with a disability, in fact anyone who doesn’t pay taxes for any reason should not
have the right to vote.
The reality is that the right of a citizen to vote
is not and cannot be dependent on whether they pay taxes. Implement the
taxation clause and you are on the downward road to the sort of
institutionalised structural discrimination that existed in the North for
decades when citizens who were not rate payers had no vote in elections. Tens
of thousands, mostly Catholics, were disenfranchised as unionist councils
simply refused to build homes for them. No home - no payment of rates – and no
vote.
Leo Varadkar in response to this same argument
pointed out that it “the Dáil sets taxes and passes legislation which
applies to people who are resident here. The Presidency is different. The
President does not set taxes and does not make laws.”
The Office of the President and the role of the
Presidency in the day to day life of the Irish nation is hugely symbolic and
important. The President performs a largely ceremonial role and occasional
constitutional duties when instructed by the government. She or he is above
party politics. Even when the President has come from one particular party the
role is accepted to be strictly non-partisan in its nature. It is about
promoting Ireland abroad. The President is the guardian of the constitution and
is about promoting a shared civic sense. The President, as we have seen in the
past is also uniquely placed to engage with our unionist neighbours. To reach
out and be a voice for the voiceless, and an advocate for the disadvantaged and
dispossessed.
A successful referendum campaign which actively
seeks to encourage those who are unionist to vote for the President would set a
powerful example of the kind of shared, fair and equality based society we all
want to build on our island. A new union of people. A Yes vote would be a
demonstration of generosity and inclusiveness. It would be an invitation to
contribute to and participate in the political life of the nation. It would be
an important step forward in modernising Irish citizenship and the institution
of the President itself.
Finally, in the past, especially around the peace
process and the Good Friday Agreement, the role of the diaspora was very
important. Permitting Irish citizens living overseas to vote in Presidential
elections would send a powerful, positive signal to the diaspora that they are
important to us now and in the future. That can only be good.
So this is a campaign for you dear reader. If you
live in the North or if you are one of the global Irish you should find a way
of asking the Southern electorate to give you your vote. Ask them to vote for
the vote. Remember one hundred years ago women were denied the vote. Fifty
years ago citizens in the North were denied a vote. We are still denied this
vote. If former President Mary McAleese had stayed in Ardoyne she could not
have voted for herself when she stood in the Presidential election. Martin McGuinness
had no vote when he stood. We can now change this. Let’s do it.
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