Ms Annette Costello:

The Disability Stakeholder Group, DSG, is currently comprised of 24 members appointed by the Minister of State with responsibility for disability to monitor the implementation of the national disability inclusion strategy, NDIS. The group includes representation from disabled persons’ organisations, disability NGOs and service provider organisations, as well as individuals with lived experience of disability.

The DSG previously presented before this committee on 23 September 2021 to outline the barriers to voting and standing for election for disabled people. Regrettably, many of the same issues remain and disabled people face the same barriers for yet another election cycle.

As a group established to monitor the implementation of the NDIS, we make our points in the context of NDIS actions Nos. 29 and 77. We also refer to the UN Convention on the Rights of Persons with Disabilities, UNCRPD, as it relates to the commitment by all Departments and agencies under NDIS mid-term review action No. 3B, to develop plans to implement the obligations of the UNCRPD.

With regard to accessibility of voting, in 2017, despite great opposition from the State, my colleague, Dr. Robert Sinnott, obtained a High Court order compelling the State to put in place means by which visually impaired people could mark their vote independently and in private. Since visually impaired people have no way of independently verifying how a helper has voted on their behalf, the 2017 court order effectively amounted to giving them the vote. Things have continued to improve since then, but there is a long way to go. Many visually impaired and other disabled people still face barriers to voting.

Accessibility of polling stations is one such barrier. We note that whenever possible, polling stations are in buildings that are accessible to people with disabilities. Polling stations must also be on the ground floor level. Temporary ramps can be installed to facilitate access. The returning officer must make a table and chair available for voters who need to sit down. We would like to see returning officers actively using the Accessible Voting Checklist 2015, published by the National Disability Authority, NDA, and voters having recourse if their local polling stations are not accessible. This committee could recommend that returning officers publish their compliance with the NDA checklist and be held to account for any breaches.

If a voter has difficulty gaining access to the local polling station, the voter is required to apply in writing to the returning officer at least one week before polling day for permission to vote at another polling station in the same jurisdiction. This adds additional work to the voter that non-disabled voters do not have to consider. Additionally, the language refers to “permission”, where it is a constitutional right to vote. This committee could recommend that the provisions and language be amended.

We note that under the provisions of the Electoral Reform Act 2022, the electoral registration process has changed and the Department of Housing, Local Government and Heritage aims to make it more accessible. One of the changes includes a move to rolling registration, which means people can update their details at any time of year. Previously, people who wished to avail of the postal vote could only register to do so by 25 November each calendar year and had to confirm their need for a postal vote on an annual basis. However, it is very disappointing that individuals who were previously registered for a postal vote, had their original application form signed by a registered medical practitioner and still wish to avail of a postal vote must once again have their form signed by a registered medical practitioner. This appears to be a continuation of the medical model of disability rather than the more appropriate social model. Following the DSG contribution to the committee in 2021, we provided samples of postal voting in other jurisdictions. We urge the committee to submit a recommendation to the Department of Housing, Local Government and Heritage to amend the current requirements and ensure that registration for a postal vote does not include a requirement for certification by a registered medical practitioner which includes an indication of the likely duration of illness or disability from the date of certification.

Individuals who register for a postal vote before polling day will receive several documents. One of these is the ballot paper. When the individual has marked the ballot paper, it is put it into the ballot paper envelope and sealed. The postal voter must then put this envelope and the completed receipt for the ballot paper into a large envelope addressed to the returning officer, seal it and post it. The ballot paper must be posted as it cannot be given directly to the returning officer. We fail to understand the requirement for a receipt for the ballot paper as the ballot paper is not acknowledged in my experience. The committee could recommend that the receipt for the ballot paper be abolished or, alternatively, that a receipt is actually issued to the postal voter. In addition, voting from a hospital or nursing home has specific requirements that we are not discussing today.

Voters can apply to register or update their details at any time. Where an election or referendum has been formally called, however, the latest date for receipt of applications by a local authority is 15 days before that electoral event. Sundays, public holidays and Good Friday are not counted as days for this purpose. However, different deadlines apply if a voter wishes to apply for a postal vote or to be added to the special voters list. With the current move towards greater use of technology, we ask that the committee recommend that the timelines be reviewed so postal voters have similar deadlines to those who attend the polling station.

We are at the threshold of the transition from the franchise unit of the Department of Housing, Local Government and Heritage to the independent electoral commission. As such, it is vital that the system is set up right at this crucial juncture. The committee's report on political participation, which was published in October, notes that the working group on disability voting has only one representative from a disabled persons organisation out of its five members. We thank the committee for drawing attention to this ongoing deficit in representative rights under the UNCRPD. It appears that the working group on disability voting, or its next iteration, is to be under the auspices of the new electoral commission. We urge the committee to play its part in ensuring it is underpinned by the requirements regarding engagement with disabled people as set out under Article 4(3) and (4) of the UNCRPD. This is a cross-cutting obligation underpinning Article 29 as well as all other parts of UNCRPD.

Article 29 of the UNCRPD also calls on states parties to actively promote an environment in which disabled people can participate in the conduct of public affairs on an equal basis with others and to stand for election. The extremely low representation of disabled people in the Dáil and the Seanad reflects the inaccessibility of the current environment. For example, disabled people have additional costs in the context of their impairment. As a result of societal barriers, fewer disabled people are employed. Elections are expensive, and the costs to which I refer could present an additional barrier to encouraging disabled people to run for office. A specific fund needs to be established to level the playing field for disabled people to engage in political campaigns where they face additional costs due to impairment-related barriers that non-disabled people do not have to consider. This has proven to work in other jurisdictions to encourage the participation of people in elections.

Disabled people often need specific supports to live independent lives and this includes disabled people who wish to run for office. Disabled candidates may need additional supports, such as extra personal assistance service hours to perform specific tasks for them, for example, driving a car, providing guidance when going from door to door and handing out leaflets. A deaf candidate would require Irish Sign Language interpreters for meetings at party level, canvassing door to door or attending local meetings.

We wish to highlight that many disabled women face additional barriers. We acknowledge the work under way throughout government to increase female political participation rates and want to highlight that this work should be inclusive of disabled women. There are, of course, other interventions that could also support the political participation of disabled people and we want to highlight a few which the committee could consider. These include consideration of the introduction of a disability quota in parties, reserving a seat for a disabled representative on the new electoral commission and the facilitation of internships for disabled people to work with politicians to gain experience. In September 2021, the disability stakeholder group suggested that in order to progress this matter all parties undertake a cross-party pledge to promote and support the election of disabled candidates. The International Day of Persons with Disabilities on 3 December next could be an opportune moment to launch such a pledge.

With local and European Parliament elections coming up in the next 18 months, we want to ensure that the issues we have outlined are addressed as a matter of priority. We want to see the committee recommend the following: returning officers should publish their compliance with the NDA's accessible voting checklist and be held to account for any breaches; amendments should be made to the provisions and language around disabled voters; advance notice should be given of expected difficulties gaining access to the local polling station; amendments should be made to the current requirements for registration for a postal vote to moves away from the current medical model of disability; receipt for the postal vote ballot paper should be abolished unless the receipt is issued to the postal voter; timelines for voter registration should be reviewed to allow postal voters to have similar deadlines as those who attend the polling station; the working group on disability voting or its next iteration should be underpinned by the requirements regarding engagement with disabled people as set out under Articles 4(3) and (4) of the UNCRPD; a fund should be established to level the playing field for disabled people to engage in political campaigns where they face additional impairment-related costs; disabled people should be able to access additional personal assistance supports where required to support their involvement in politics; the work under way by the Government to increase female political participation rates must be inclusive of disabled women; and all parties should undertake making a cross-party pledge to promote and support the election of disabled candidates.

We suggest that the committee invite before it officials from the Department of Housing, Local Government and Heritage who are responsible for organising the voting in elections to ask them how they will resolve these issues. We would welcome hearing from the Joint Committee on Disability Matters on the outcome of the issue of public and political participation of disabled people in accordance with Article 29 of the UNCRPD and actions Nos. 29 and 77 of the national disability inclusion strategy, considering the presentations of the disability stakeholder group and those made today. I thank committee members.