Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

I acknowledge the work that has gone into the preparation of this Bill by Deputy Keaveney and in bringing it to the House. The Government agrees with the principle of advancing the needs of voters with particular disabilities. This is at the heart of the Bill before the House. Therefore, I can say at this early stage that we will not be opposing it on Second Stage. The right to vote is a core democratic principle. It is a fundamental right of anybody who is eligible to vote. Over the years, successive Governments have introduced legislation to better assist voting by voters with disabilities of one type or another. I see the Bill as a further progression in that vein. The Department's disability sectoral plans have been supportive of examining independent voting. A number of aspects of the Bill will require careful examination before it is brought through the further Stages of the legislative process. I refer, in particular, to the provisions in Part 3 regarding electronically assisted voting.

In the Electoral Acts, we recognise that people with disabilities have particular needs. The provisions in these Acts are designed to make the voting process as accessible and inclusive as possible. At the same time, these provisions aim to ensure the integrity of the ballot is maintained and secrecy is provided for to the extent practicable. Our electoral procedures aim to strike an appropriate and reasonable balance in that regard.

Several measures have been introduced over the years on an incremental basis to meet the needs of voters with particular disabilities. It might be useful if I outline briefly for the House some of these measures before addressing directly the measures proposed in this Bill. A number of the measures that have been taken address physical disability directly. Local authorities, in making polling schemes, are obliged to appoint polling places where at least one polling station is accessible to wheelchair users.

Returning officers must, in addition, where practicable, give public notice not later than eight days before polling day of all polling stations which are inaccessible to wheelchair users. If an elector has difficulty gaining access to his or her polling station, he or she may apply in writing for authorisation to vote at another polling station in the same constituency. In addition, the option of postal voting by voters living at home is available to those who cannot go to the polling station due to a physical disability or illness.

The Department issues guidance to returning officers in advance of elections and referendums. The guidance includes an accessibility checklist in relation to the selection of polling stations. The checklist is based on the National Disability Authority's publication, Building for Everyone: A Universal Design Approach.

The Electoral Acts specifically provide for voters at polling stations who satisfy the presiding officer that their sight is so impaired that they are unable to vote without assistance. The Electoral Acts also have similar provisions for voters who are physically incapacitated or unable to read or write. Those voters can all avail of companion voting or voting with the assistance of the presiding officer. The focus of the provisions is to facilitate the voters concerned while endeavouring to ensure that the integrity of the ballot is maintained.

To act as a companion at an election, for example, a person must be at least 16 years of age, must be neither a candidate nor the agent of a candidate at the election, and may not assist more than two voters at an election. The presiding officer must not permit a companion to assist a voter unless he or she is satisfied that the companion fulfils the conditions. If a person is not eligible to act as a companion, the voter can have another person act as a companion or he or she may ask to be assisted by the presiding officer.

Where the presiding officer assists the voter, he or she marks the ballot paper in accordance with the instructions. The Department's manual for presiding officers suggests that the presiding officer and personation agent go with a voter to a voting compartment, or to a part of the polling station where a conversation in normal tones cannot be overheard, in order to mark the ballot paper. The manual also suggests that, if necessary, the presiding officer can suspend entry to the polling station and have the station cleared to ensure that no other person can overhear the voting process. I have witnessed that in the past, as I am sure the Deputies present have.

The provisions of the Electoral Acts providing for the inclusion of photographs and party political emblems on ballot papers were designed to assist voters with visual impairment and literacy difficulty. Likewise, the requirement on the presiding officer to display a large print version of an election ballot paper in the polling station is aimed at assisting voters with visual impairment. More recently, changes were made to the format of the referendum ballot paper. The new format ballot papers were used at last month's referendums. The changes made included the use of different and generally larger font sizes, together with better use of upper and lower case letters, and the use of bold lettering and shading.

Following the referendum on the abolition of the Seanad in October 2013, concerns were raised about confusion among voters in respect of the design, text and language of the ballot paper used at the referendum. The Department reviewed the format of the ballot paper in consultation with the National Adult Literacy Association and the National Council for the Blind. Arising from that, significant formatting changes were made to the ballot paper. While not meeting all of their requirements, both organisations were agreed that the new format of ballot paper was a big improvement on the one previously used. The introduction of the changes reflect a willingness on the part of the Department to make changes to assist people with visual or literacy difficulties. While the measures in place to assist voters with disabilities are helpful, it could be argued that they fall short of independent voting.

I understand Deputy Keaveney's Bill is intended to address that while, at the same time, leaving in place the existing range of measures to assist such voters. In Part 2, it is proposed to achieve that end at referendums for voters with visual impairments through the use of templates made of card or light plastic, more commonly known as tactile voting devices. Tactile voting devices are used at elections in the UK and other European countries. The Department has had their use under consideration in the light of trials undertaken by the National Disability Authority in June 2014. In its January 2015 report on the trials, the National Disability Authority commented on the current generation of tactile voting devices. It stated that they were unlikely to provide a workable solution under the Irish single transferable vote system. However, the authority recommended that the Department should consider the use of tactile voting devices at a referendum, where there are only two choices to be made in voting, namely, "Yes" or "No". Arising from that recommendation, the Department is examining the scope for the use of tactile voting devices at referendums. This includes consideration of costs, technical specifications, procurement, legislative provision, training and information for polling station staff and for voters.

In Part 3, it is proposed to achieve independent voting for voters who are visually impaired, physically incapacitated or illiterate through the use of electronically assisted voting at Dáil, European, local and presidential elections. The Bill proposes that this would be done through the provision of dedicated computers, at least one to be provided in each polling place in each electoral area. I understand that the intention is that the voters involved would interact with the computer to produce a marked ballot paper which would be indistinguishable from all other marked ballot papers at that election. While the Department is not aware of the particular device that the Deputy has in mind, the Department is aware that electronically assisted voting options have been made available in some jurisdictions for use by voters with visual and other impairments.

The Deputy's proposal will need to be considered in detail in the progression of the Bill through the Houses of the Oireachtas. I am aware that the January 2015 report of the National Disability Authority commented that computerised and telephone voting raises issues around the security and integrity of the ballot as well as logistical and cost challenges. The authority also noted in its report that while voting by computer worked for some voters in the trials undertaken, "some people with sight loss, especially older people, would be unlikely to be comfortable with such technologies".

Nonetheless, the authority recommended in its January 2015 report that the feasibility of electronic vote casting be explored by the Department and discussed with the National Disability Authority and relevant disability organisations. It would seem to be the case, therefore, that any proposal to introduce electronically assisted voting would require detailed research, assessment, testing and costing. It is not clear whether this has been undertaken for the proposal in Part 3.

In concluding my contribution at this stage, I wish to say that any initiative to improve voting arrangements for voters with visual impairment, physical disabilities or literacy difficulties is worthy of support. That said, there are aspects of the Bill that would require careful examination on Committee Stage, in particular the workability of the provisions in Part 3 for electronically assisted voting. While measures have been taken in the development of the electoral code over the years to better assist such voters, I acknowledge there is always room for improvement. I again commend Deputy Keaveney for raising this very important issue and for taking the initiative in introducing the Bill. I look forward to working with him and with other Members of the House on it. Go raibh míle maith agaibh.

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