Dick Roche (Wicklow, Fianna Fail)

Deputy Gilmore and I have discussed his important final point privately. I do not share the optimism, trumpeted in the press, of the chairman of Dún Laoghaire-Rathdown County Council that somehow the system operated there is superior to everywhere else. Deputy Dan Boyle made the point yesterday that it would be preferable if all councils operated on the same basis and that is why consolidated guidelines were issued.

Legal responsibility for producing the register lies with the councils, as Deputy Gilmore indicated. His point is important because if Dún Laoghaire-Rathdown County Council intends to delete people from the register it will be compelled to give written notice. This is specific to Deputy Gilmore's constituency so I will send a note in this regard to the council if it would be of assistance. The Deputy is correct and that is why significant trouble was taken earlier this year to circulate and consolidate the draft guidelines. The guidelines were not produced merely to kill a few hours, they were produced because it was not right that local authorities should adopt a laissez-faire attitude, taking different approaches to compiling the register. That is an opinion I frequently expressed in this House. Responsibility for the draft register lies with local authorities, nonetheless it should be done in a coherent fashion.

I will ensure, in communicating with Dún Laoghaire-Rathdown County Council, that the obligation to write to a person before deleting him or her from the register is made clear. This is an obligation contained in the guidelines that every other council has fulfilled. The double jeopardy outlined by Deputy Gilmore could become a reality if Dún Laoghaire-Rathdown County Council enters the electoral court with a list of people to be excluded from the register. That council will have to do what every other council has done and deal with its own special arrangements which have been trumpeted up and down the country as better than every other council's. At least every other council tried to abide by a single, common set of rules and it would have been more prudent had Dún Laoghaire-Rathdown County Council also done so.

I was anxious to allow Deputy Gilmore make his contribution because I accept that both Deputies Crowe and Rabbitte were refused access and I accept that both Members were trying to facilitate the democratic process of registration. This is something I normally find praiseworthy and I was surprised at the adjudication, to put it mildly. To ensure the adjudication goes beyond doubt we are accepting an amendment that goes somewhat further than Deputy Gilmore's original amendment.

On the issue of date, we can make it very clear in the communications that go to councils that, having sent out the deletions list and having undoubtedly received much contact from Members of this House, the other House and councillors, they cannot simply ignore them. The councils have until 2 January, and that is the latest date to allow them to make changes. I will make clear to councils that they must take cognisance of the communications they receive from Members of the Houses and members of the public before 2 January 2007. This will address the concern raised by Deputy Gilmore that local authorities will be required, when doing their back office work, to take on board specific issues raised with them.

The Data Protection Commissioner's adjudication was interesting because it specifically referred to the names of people living in certain blocks of houses being deleted from the register. As I noted last night, when Deputies Gilmore and O'Dowd were detained by other business elsewhere, the guidelines we issued earlier this year specifically requested local authorities to ensure they check their data when deleting the names of tenants of social and council housing estates. It makes no sense for a local council to remove Mr. X and Mrs. X from the electoral register if it collects rent from them a few days later and it is clear from the council's accounts that they live in the property in question. If a council is able to send persons a bill, it should not delete their names from the register because they were not at home on the night the enumerator called. I issued a circular letter to local authorities on this matter because I was concerned, having reviewed my local register, that a hard hand appeared to have been used at one or two estates where council officials and I knew people were resident.

I have asked councils to observe the spirit of the House's decision and ensure their officials, rather than adopting a jobs worth attitude, apply a degree of common sense. My amendment goes further than Deputy Gilmore's amendment as it provides that local authorities will have until 2 January to make adjustments to the electoral register. As part of this process, they must be cognisant of views expressed to them in communications. Most local authorities are doing precisely that.

Given that all local authorities operate a common system established by the Local Government Computer Services Board, I fail to understand how an authority can argue that the whole system will crash if it seeks to generate a list of deletions. I expect local authorities to respect the letter and spirit of the House's decisions. Deputies have voiced suspicions that some local authorities have been shy in sending out the deletion list because it could highlight deficiencies in their fieldwork. My support for sending out a deletions list is specifically to ensure consistency in the fieldwork, show up any glaring anomalies that may arise and make certain that the efforts of local councillors and Members and would-be Members of the Oireachtas to facilitate democracy are supported in every possible way by councils.

The Department will communicate Deputy Gilmore's valid concerns, which I share, with Dún Laoghaire-Rathdown County Council. I will also ensure that all councils pay respectful attention to submissions they receive from public representatives and members of the public. They will have until 2 January to make adjustments. As it is not necessary to change the 9 December deadline, I ask the Deputy not to press his amendment.

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