Mr. Barry Ryan:

I thank the Chairman. Deputy Lawless raised two key points, enforcement and offences. Enforcement and offences are linked in the Electoral Acts. We simply point to the lack of enforcement provisions in the Bill, as drafted. I wish to make the point and ask the question of the Oireachtas as to whether this is the best way of doing it. I accept that as the offences are listed primarily in the Electoral Acts, the vast majority of the offences would be a matter for the Garda Síochána. Any change to that would be a policy matter. I simply raise the question in terms of the existing Bill, as to whether that the best way to do it.

As for process, one of the offences is not having the name of the printer or publisher on the face of the poster. Wearing my other hat as referendum returning officer in the recent campaign, my office had some complaints about posters being up without the name of the printer or publisher on it. The recourse in that instance is to the Garda because the Bill simply states that it is an offence. Complaints about posters ranged across different issues that people have with them. There are other provisions that may help, for example, if they are put up in an inappropriate way that obstructs traffic, then traffic and road law comes into force.

Similarly, under section 7 of the Criminal Justice (Public Order) Act, it is an offence to put up material that is threatening, abusive, insulting or obscene, so there are other legislative provisions outside of the electoral law that cover some of those issues.