Oireachtas Joint and Select Committees

Tuesday, 31 May 2022

Select Committee on Housing, Planning and Local Government

Electoral Reform Bill 2022: Committee Stage

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

That is an interesting point. I have come across that research and I think it bears out the fact that, perhaps, there is no significant advantage to being named higher up on the ballot paper. It raises other issues relating to counting votes under our proportional representation system and it could make that challenging. There may also be accessibility issues with the templates used for the visually impaired, an issue on which I met representatives of the NCBI a number of weeks ago. The commission can examine these issues and give them consideration. As Deputy Flaherty said, it will be quite busy and there is much research we have spoken about, but it is all important and it is welcome this amendment has brought forward a discussion it. It is very significant in respect of people's voting patterns and fairness and transparency in our electoral system.

On the accessibility issue for people with disabilities, this is something we consistently take very seriously, as will the commission. For the 2019 local elections, 53 polling stations were inaccessible and by the general election of 2020, that had been reduced to 23 as a result of direct engagement between our franchise section and returning officers. It is a very good step. Similarly, as I said, we have met representatives of the NCBI in regard to the template ballot papers and trying to improve them. The new registration process will be available online and compliant with web accessibility standards, including screen reading software. We are continuously striving to improve the experience of people with disabilities in our electoral system and that is critical.

Deputy Nash raised issues that relate to his amendment concerning polling and the impartiality of election debates. I agree with the contention that we have a very robust system and broadcasters are generally very responsible, which we should be proud of. That is not the case in every jurisdiction and we can be proud of that. I reiterate these are issues the commission could and will, no doubt, be tasked with examining, so the amendments are important in that they allow us to discuss them.

As I outlined in regard to amendment No. 37, it is worth reflecting on the provisions in Chapter 9, which set out the research, advisory and voter education functions of the commission. Chapter 9 of Part 2 of the Bill provides for the commission to take on a new policy research and advisory function. As part of its work, the commission will prepare research programmes, conduct research on electoral policy and procedure and provide advice as required to the Minister and the Government on electoral issues. It can make recommendations to the Government in regard to proposals for changes to electoral legislation.

The commission will also promote public awareness of, and work to increase public participation in, the State's electoral and democratic processes through education and information programmes. This is an expansion of the work the Referendum Commission carries out. The electoral commission may also prepare or publish ex postreports on how electoral events are administered. The provisions in the Bill will ensure that we have, for the first time in our electoral system, a dedicated independent research, advisory and education function, an important element the Bill is seeking to achieve.

The commission's research programme will be prepared in consultation with this committee annually, so members will have an opportunity to give input into the commission’s research priorities. Guided by Programme for Government: Our Shared Future, it is intended the commission will be requested to carry out several items of research, including relating to the potential for the expansion of postal voting, the Scottish experience of lowering the voting age to 16, limiting the use of election posters and a review of the Electoral Act 1997 as it relates to political funding.

In the context of amendment No. 47, the matter of maximising the accessibility of voting is a priority for me. Part 3 of the Bill provides for the extension of flexible voting arrangements that are currently available to persons with physical illnesses or disabilities to persons with mental health difficulties through amendments to the Electoral Act 1992. In effect, this will mean that persons with mental health difficulties can apply for a postal vote at the place where they are ordinarily resident. Such voters will also have the option of availing of the existing special voting facilities for people who are resident in nursing homes or similar facilities.

In addition, reports prepared under the electoral commission's post-electoral-event review role in section 67 would be required to include a description of the assistance given by presiding officers or returning officers under the Electoral Acts. These provisions include: the requirement for local authorities, in making polling schemes, to appoint as polling places areas where at least one polling station will be accessible to wheelchair users; the requirement on returning officers, where practicable, to provide polling stations that are accessible to wheelchair users and to give public notice of all polling stations that are inaccessible to wheelchair users not later than eight days before polling day - in guidance to returning officers, my Department has suggested that consideration should be given to providing suitable ramps in the case of polling stations that cannot be reached without negotiating steps; the requirement on returning officers to put in place arrangements to facilitate the marking and placing in ballot boxes of ballot papers by wheelchair users - in guidance to returning officers, my Department has suggested the provision at each polling station of an appropriately located table and chair to facilitate this requirement; and the requirement on returning officers to ensure, where practicable, that the place appointed for the counting of votes is accessible to wheelchair users.

While comprehensive arrangements are in place to assist participation in the electoral process by individuals with physical disabilities, my Department nonetheless continues to seek to improve these arrangements and to have regard to the special needs of such persons. Given the provisions already included in the Bill, I ask the Deputy not to press the amendments.

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