Colm Keaveney (Galway East, Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

This Bill seeks to make special provision for independent voting by visually impaired, incapacitated and illiterate voters. As matters stand, many visually impaired persons are unable to vote independently under the current electoral system. On behalf of Fianna Fáil, I am bringing forward this Bill in order to facilitate greater access to and ease of use of the voting system for visually impaired members of society.

As has been highlighted for the National Disability Authority in a 2012 discussion paper, many visually impaired persons are currently unable to vote independently under the electoral system. There are a number of methods by which they may exercise their democratic franchise. They may bring a trusted companion into the voting booth, review the large-print ballot paper available at each polling station to help them mark their own ballot paper or ask the presiding officer for assistance with marking their ballot paper. This situation is inadequate for many, particularly those who are visually impaired who would like to vote independently, just like any other voter.

The National Council of the Blind in Ireland has in the past called for the implementation of alternative methods of voting for those with sight loss. Complaints have been made to both the Ombudsman and the Irish Human Rights Commission about the inaccessibility of the voting procedure for persons with sight loss.

The 2006 CSO National Disability Survey revealed that there were approximately 48,000 adults in Ireland who had substantial difficulties in seeing for everyday activities. More than half of these were aged 65 or over at the time of the survey. Some 2,300 could not see at all. With the correct aids, some with significant sight loss may still retain some useful vision. The National Disability Survey data indicated that 16,000 persons used a magnifier, large print materials or Braille reading materials, with about 3,500 using large print or Braille on computers. Approximately 1,900 used a screen reader when using a computer and 3,900 used audible or tactile devices.

Those with sight loss and difficulties reading and writing and with capacity face additional obstacles when voting. Some of these obstacles can be addressed by the development of appropriate guidelines and practices to ensure accessible voting for all those entitled to vote at an election or referendum. This Electoral (Amendment) Bill 2015 aims to operate side by side with those guidelines and practices and to give statutory footing to the facilitation of independent voting for those with sight loss.

The Bill aims to extend the time during which those with sight loss can vote with the assistance of a companion by reducing the timeframe during which the presiding officer can refuse to allow visually impaired voters to vote with assistance. It also proposes to remove the word "blind" from electoral law and seeks to encompass all visually impaired persons who cannot vote independently due to sight loss. The Bill retains the categorisation of visually impaired persons together with those who cannot vote independently due to literacy difficulties or incapacity.

The purpose of the Bill is to make provision for independent voting by persons who are visually impaired, illiterate or incapacitated. This is achieved at referenda through the use of templates. It also provides for independent voting at elections through the use of electronically-assisted mechanisms.

Electronically assisted voting is used in Australia and Oregon in the United States to allow those with sight loss to vote independently. It utilises software on a computer or a telephone to generate a printed ballot paper that records the voter's preference. Critically, it is distinguished from electronic voting by virtue of the fact that it is printed on paper, and goes into the same collection and counting procedure as every other vote. The vote is not recorded or counted electronically.

The Bill preserves the option of voting with a companion and reduces the time in which a presiding officer, in presidential or Dáil election, can refuse a request by visually impaired, incapacitated and illiterate voter to vote with the assistance of a companion. It is important to note that voters can be denied, up to two hours from the closing of the ballot by a presiding officer, such companionship or the right to vote at an election.

The Bill will operate together with existing provisions for assisted voting by visually impaired, incapacitated and illiterate voters and provides the additional option to vote independently, following the provision of assistance or without any assistance at all. The Bill will operate side by side with wider guidelines providing for greater access to voting for persons with sight loss and intellectual disabilities.

Section 1, contains the Short Title, collective citation, construction and commencement. It provides that the Act may be cited as the Referendum Act 2014 and provides that the Act can be cited together with the Referendum Acts, 1992-1998, and construed together as one. Section 2 provides for definitions of certain terms used in the Act.

Section 3 provides for the amendment of section 103 of the Act of 1992 by removing the word "blind" and replacing it with the "visually impaired". It also reduces the time during which the presiding officer can refuse to allow an elector to vote with the assistance of a companion, from two hours to one hour before the close of the poll.

Section 4 provides the definition of a "tactile voting template" and provides for the form of a tactile voting template at a constitutional referendum and an ordinary referendum and provides for the form of the template in the Schedule to the Act. A "tactile ballot template" means a folder of card or light plastic, with information thereon identifiable by touch, that allows for the ballot paper to be marked through openings in the tactile ballot template by inserting the ballot paper into the tactile ballot template.

Section 5 provides that the section will apply in every constitutional and every ordinary referendum. It provides that, during a referendum, a tactile ballot template shall be available for use at every polling station. It provides that a presidential elector who satisfies the presiding officer that his or her sight is so impaired that he or she cannot vote unassisted, may request that his or her ballot paper be placed inside a tactile ballot template and may mark his or her ballot paper through a tactile ballot template.

It provides that where a presidential elector has requested to mark his or her ballot paper using a tactile ballot template, the presiding officer may assist the elector by reading out in full the particulars stated on the ballot paper, but shall not assist the elector by marking the ballot paper on his or her behalf. It also provides that the presiding officer may refuse to assist the elector by reading out the particulars of the ballot paper if the request is made within one hour of the time fixed for the close of the poll and that in such circumstances, the elector may still elect to mark his paper using a tactile template. Section 6 provides for the insertion of a third Schedule into the Act of 1994.

Part 3 sets out the principal elements of the Bill. Section 7 defines certain terms used in Part 2 of the Bill. Section 8 states that Part 2 does not create an entitlement to vote by electronically assisted voting.

Section 9 provides for the approval by the Minister of a computer programme and a printer to be used for electronically assisted voting. It sets out the properties that the programme and printer must have in order to ensure as far as possible that this form of voting mirrors voting in the ordinary way before they are approved by the Minister. This section also provides for the computer programme to be known as "an approved computer program". The computer programme will enable a visual display and auditory description, including the names and order of the candidates and other details about the candidates as they appear on the ballot paper. It will enable voting instructions to be provided to an elector. It will allow the voter to read a description of the candidates and voting instructions on a visual display and to listen to the description of the candidates and voting instructions through personal listening devices. The computer programme will allow an elector to vote using a touch screen or keyboard. It will enable a voter to select consecutive preferences beginning with the number 1. Importantly, it will allow an elector to spoil his or her vote just as any other elector might opt to do in line with his or her democratic right.

The programme also allows an elector to correct a mistake before the vote proceeds into the computer process. It allows an elector to abandon the ballot without completing the vote. It can, through a printing device, produce a paper record of each vote cast to enable the counting of votes in the election. I want it to be noted that the computer programme will not retain a record of the vote that has been cast. This will prevent any person from ascertaining the vote of a particular elector. Section 9 also provides for a printing device to be used together with the approved computer programme, provided that the printing device can be loaded with, and print upon, a ballot paper and is capable of printing a record of the vote cast by an elector by marking the ballot paper in the appropriate space. In addition, the ink or font used by the printer must be of such a colour and of such characteristics that, as far as practicable, the mark made on the ballot paper resembles a mark made by manually marking the ballot paper with a pencil.

Section 10 provides that at least one polling place in every local election area shall be designated as "an electronically assisted voting centre". To protect the secrecy of the ballot, it states that no polling place should be used exclusively as an electronically assisted voting centre. Section 11 provides for the designation of a screened area, known as "an electronically assisted voting compartment", which should contain a computer with an approved computer programme installed, such audio or visual equipment as may be necessary, a printer approved by the Minister and any other furniture the presiding officer considers necessary on the day. Section 12 provides that the ballot paper used in an electronically assisted voting compartment shall be indistinguishable from the ballot paper use by other electors at the election.

Section 13 provides that, not less than ten days before polling, an elector whose name is not on the postal list or the special voters list who satisfies the returning officer that he or she is unable to vote without assistance, by reason of his or her vision being so impaired, he or she being physically incapacitated, or he or she being unable to read or write, may apply to vote at an electronically assisted voting centre. The location of the polling place at which he or she is authorised to vote should be contained in an authorisation form provided by the providing officer. It provides that the elector must provide such evidence in the form of documents as may be necessary to satisfy the returning officer.

Section 14 provides that an elector who has been authorised to vote at an electronically assisted voting centre or who is already on the register of electors in a polling place which has been designated as an electronically assisted voting centre and satisfies the presiding officer that his or her vision is so impaired, he or she is otherwise physically incapacitated or he or she is unable to read or write to such an extent that he is unable to vote without assistance, may vote at an electronically assisted voting centre using an electronically assisted voting system. That was one sentence. This section reserves the right of visually impaired, incapacitated and illiterate voters to elect to vote with a companion in accordance with section 103 of the 1992 Act.

Section 15 provides for the means by which an elector votes using an electronically assisted voting system. It provides that a vote using an electronically assisted system shall be the same as a vote in the ordinary way and that the ballot paper cannot be rejected solely on the grounds that it was marked using a printing device. It provides that the validity of the vote cast cannot be disputed on the ground that the elector could have voted without assistance.

Section 16 provides for arrangements to ensure the computer programme and electronic devices used or intended to be used for or in connection with electronically assisted voting are kept secure and free from interference and the integrity of voting is maintained while electronically assisted voting is being used. It provides for the offence of damaging, destroying or interfering with any computer programme, data file, audio equipment or electronic device, including a printing device, which is used, or intended to be used, for or in connection with electronically assisted voting and for the penalties for that offence. The Schedule provides for the form of the third Schedule to be inserted into the 1994 Act and for the form of the tactile voting template in a constitutional referendum and in an ordinary referendum.

I ask Deputies to pay special attention to the distinction between electronically assisted voting and electronic voting. What is proposed in this Bill is emphatically not electronic voting. No record of the vote will be retained by the computer and the counting of the vote will be done in the manner to which we are accustomed, with tally men and women and everything else that adds to the buzz of an election count. This Bill is simply another step in providing greater equality for people with disabilities. It provides a method by which people with a visual impairment or who are illiterate may vote in a manner that protects the privacy of their ballot to the same extent as the majority of people enjoy. It is my sincere hope that the Government accepts the Bill. I will be happy to discuss and debate any need or requirement for an amendment, if that is what is offered by the Government, with Deputies on both sides of the House. I thank Deputies for making themselves available this morning. I also thank those whose dedication, commitment and actions have contributed to this wonderful Bill. I ask the Minister of State to consider the spirit of this Bill positively and to act in conjunction with the Opposition in fulfilling the obligations set out in it.

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