Safeguarding Elections in Ireland and Across Europe: In Conversation with Judge Marie Baker, Chair of the Electoral Commission of Ireland

In this podcast, which is part of the IIEA’s Future-Proofing Europe Project and kindly supported by the Department of Foreign Affairs and Trade, IIEA Researcher Dylan Marshall engaged with Judge Baker in a conversation on the link between the European Democracy Shield and safeguarding the integrity of elections. Judge Baker provided an overview of the role and powers of the Electoral Commission (An Coimisiún Toghcháin) as an independent statutory body, constrained by legislation, which is responsible for: · overseeing all elections and referendum campaigns in Ireland; · overseeing the realignment of constituency boundaries; · maintaining the register of political parties in Ireland; and · encouraging people to vote by explaining the electoral process and its education and research role. On its role of ensuring the fairness and integrity of electoral events, she highlighted the importance of procedures being followed correctly to ensure that everyone has access and the opportunity to exercise their franchise. Furthermore, Judge Baker referred to the links between the Electoral Commission and similar agencies in other European countries and explained how its work can feed into the formulation of the EU Democracy Shield, which is due to be presented this autumn by Michael McGrath, European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection. Judge Baker discussed the Electoral Commission’s yet to be defined role in regulating online political information and advertising and discussed the Political Advertising Regulation, which will enter into force in October 2025, and the potential role that the Electoral Commission may have in its enforcement. In the context of regulating dis- and misinformation, Judge Baker underlined the importance of freedom of expression and its constitutional value and emphasised the importance of ensuring a balance between freedom of expression and regulation. Furthermore, she reflected on the role judicial oversight could have in ensuring respect for rights in this area, highlighting the importance of the rule of law and its link to democratic resilience. However, she emphasised the particular logistical difficulties that can arise with judicial redress around electoral events. Judge Baker emphasised the importance of education for citizens to enable them to engage with civil society and democratic processes and expressed the view that educational outreach can achieve much better outcomes in countering dis- and misinformation than regulation alone. She welcomed the high level of electoral literacy amongst Irish people and mentioned that radio programmes have proved to be an effective platform for reaching people in their daily life. Judge Baker briefly reflected on the upcoming Presidential elections in Ireland and stated that the procedures are neutral and robust, that the President’s ceremonial role should reflect the values of the population and must be taken seriously, and that the Electoral Commission has a role in ensuring that people know what the President can and cannot do. The conversation concluded with a discussion on the recently proposed motions, passed in the Northern Ireland Assembly and debated in Dáil Éireann, to expand the franchise in Irish Presidential elections to Irish citizens in Northern Ireland and on the potential logistical and structural challenges it could pose.