Pádraic McCormack (Galway West, Fine Gael)
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Táimid ag caint anois faoina lán daoine nach mbeidh seans acu votáil i dtoghchán Údarás na Gaeltachta ar 2 Aibreán. Táim sásta go bhfuil an seans agam é sin a ardú anocht. Is rud uafásach é nach bhfuil seans ag cuid daoine a vótanna a úsáid i dtoghchán Údarás na Gaeltachta nó in aon toghchán eile ach oiread. Tá díomá orm go raibh an tAire míchúramach san ábhar seo. I think that the Minister took his eye off the ball, mar a deirtear. Is dóiche go bhfuil sé sin ceart, ach tá brón orm gur tharla sé.

It is important to clarify the eligibility criteria for the postal vote. People are eligible to apply for and receive a postal vote if they are unable to leave home or a nursing home to cast their ballots or if they are on the register of electors but are working or studying away from home on the day of an election. Obtaining a postal vote was intended to be a simple matter and it usually is, but in this instance the Minister has made it far more difficult than is necessary.

While people can apply for a postal vote for up to two days after the order for an election is signed, the intended signing date for the order for the Údarás election was something of a mystery. I inquired of the Department and the returning officer every day for the past fortnight as to when the order would be signed, but nobody could tell me. Ní raibh fhios ag aon duine. Quite suddenly on Friday afternoon, the order was signed. I assumed that as it was signed on a Friday, people would have two working days and would still be eligible to apply for a postal vote until Tuesday. The returning officer told me that as the Act refers to "two days", Saturday and Monday were counted, leaving out Sunday.

The approach is not in line with the spirit of the Act. It should have been possible to apply for a postal vote for two working days after the order was signed. I cannot understand why the Minister was so secretive about signing the order or why he signed it on a Friday. Why did he not sign it on a Monday? If he had, there would be no confusion about whether Saturday was a working day. The Fine Gael Party has three candidates for Údarás na Gaeltachta in the Galway electoral area. I told them that while I did not know on what date the order would be signed, they would have two working days from the date to lodge the last of their postal vote applications. One of the candidates went with a bundle of applications to apply on Tuesday but was denied the opportunity to obtain postal votes for his constituents. The Minister's party has six candidates in the area. I do not know if they were aware of when the order would be signed, but I certainly could not find out in advance.

Apart from the fact that my party has been left at a severe disadvantage, an issue of fairness is involved. People who cannot attend a polling booth on election day for whatever reason should be facilitated, but on this occasion it was made difficult for them to obtain a postal vote. Last week, the Minister introduced 35 pages of regulations to govern the Údarás na Gaeltachta election and denied those of us with an interest in the matter the opportunity to debate them in the House. I might have been able to draw to his attention during a debate the difficulty that would arise in the context of postal votes. I would certainly have warned him to avoid signing the order on a Friday afternoon as he might count Saturday and place people at a disadvantage.

The Minister has a great deal for which to answer to the disadvantaged, disenfranchised Údarás electorate. Fine Gael has been put at a severe disadvantage also.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Ba mhaith liom buíochas a ghabháil leis an Cheann Comhairle agus leis an Teachta as ucht an deis seo a thabhairt dom dul ar an taifead faoin gceist seo.

Tá iontas orm faoin gcaoi a bhfuil an Teachta ag láimhseáil na ceiste seo. An tseachtain seo caite, ghlaoigh an Teachta ar an oifig eolais, agus d'iarr sé cóip de na rialacháin. Glaodh orm agus d'ordaigh mé ar an bpointe go dtabharfaí na rialacháin sin dó, mar is maith liom bheith oscailte sa méid atá le rá.

Chomh maith leis sin, má sheiceálann an Teachta, gheobhaidh sé amach cad a tharla, nó bhí mé sa Roinn sna Forbacha Dé hAoine. Tháinig oifigigh de chuid na Roinne chugam, agus tá súil agam nach bhfuil sé ag cur i leith oifigigh na Roinne go raibh siad ar aon bhealach ag gníomhú go polaitiúil. D'iarr siad orm an t-ordú a shíneáil mar rinne siad an cás go raibh daoine ag iarraidh go síneofaíé le go bhféadfaidís na fógraí a chur sna nuachtáin áitiúla. Ní raibh a fhios ag éinne i bhFianna Fáil cén uair a shíneofaíé, agus déanaim an iarraidh seo leis an Teachta. Bhí seisean ní ba mhó ar an eolas faoi chúrsaí vótanna poist ná mé féin. Go deimhin féin, mar a thuigfeadh sé féin, níl sé sna rialacháin.

At the outset, I wish to clarify that matters relating to the electoral register and supplements to the register do not fall under my remit as Minister for Community, Rural and Gaeltacht Affairs. I propose in my reply to outline the facts about the register of electors before moving on to outline my role in the Údarás na Gaeltachta election.

The register of electors is provided for under section 13 of the Electoral Act 1992 and forms part of the remit of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche. Specific responsibility for compilation and publication of the electoral register rests with local authorities. A new register is compiled each year, published in draft form on 1 November and made available for inspection at several places including the offices of a county councillor or county registrar, public libraries, post offices and Garda stations. Amendments to the register can be made until 25 November. An amended register is published in February of the following year. A person who is qualified to vote but has missed the deadline to include his or her name on the register can apply to be included in a supplement to the register. This will enable him or her to vote at any election or referendum held during the year provided the relevant application has been made at least 13 days, excluding Sundays and bank holidays, before polling day.

The Deputy referred in particular to the list of postal voters which, with the list of special voters, constitutes a supplement to the register of electors. While it is the norm during an election to vote in person at an official voting centre, a person may be eligible for a postal vote if, for example, he or she is a member of the Defence Forces, a member of the Garda or an Irish diplomat posted abroad or his or her spouse. Persons who suffer from a physical illness or disability or who are studying full time at an educational institution away from the home address at which they are registered to vote may also be eligible for inclusion on the list of postal voters.

Applications for inclusion on the electoral register, including the postal voters list, must be completed by 25 November each year. Application forms are readily available at county councils, corporations, post offices and public libraries nationally. The statutory deadline for giving effect to applications to have names entered in the supplement to the postal voters list is set out in section 15(a)(iv) of the Electoral Act 1992, as inserted by section 7(c) of the Electoral Amendment Act 2001. It states: "An application by an elector to have his name entered into the supplement to the postal voters list received by the registration authority on or after the third day after the dissolution of the Dáil at a general election or on or after the third day after the date of the making of the order appointing polling day at a Dáil by-election or a presidential, European or local election or an election to Údarás na Gaeltachta or a referendum shall not have effect in relation to that election or referendum."

Under section 28 of the Údarás na Gaeltachta Act 1979, as amended by section 1 of the Údarás na Gaeltachta (Amendment) Act 1999, elections to an tÚdarás shall be held as may be prescribed by regulations made by me as Minister. Section 31 of the 1979 Act sets out that persons are entitled to vote on the basis of qualifying to vote in a local election in a Gaeltacht constituency. The generality of Údarás regulations which I have prescribed follow the regulations agreed for the local election code. The rules pertaining to the register of electors, which are outside my remit, also apply.

I signed an tÓrdú um Údarás na Gaeltachta (An Lá Vótaíochta) 2005 last Friday, 25 February 2005. Applications to the registration authority to have names entered on the postal voters list therefore could be accepted until close of business on the following Monday, 28 February. The Údarás elections regulations require that statutory notice of 28 days be given of any election and in the case of the election announced for 2 April 2005, this means before Saturday, 4 March. To publish the statutory notice in the regional newspaper network it was necessary for me to sign sooner rather than later.

It was deemed important to reach the local media on this occasion in light of significant changes to the nomination procedures, namely, that the former system of deposits no longer applies but nominations must instead be supported by a certificate of political affiliation or assented to by 15 members of the relevant constituency. While the changes are significant in terms of the Údarás election, last run in 1999, they do not consist of anything new in terms of the existing local election code.

Pádraic McCormack (Galway West, Fine Gael)
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Why did the Minister not sign them the previous Monday?

Éamon Ó Cuív (Galway West, Fianna Fail)
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Applications for entry in that register were sought publicly in November and incorporated in the official register of electors published on 1 February 2005. It was open to persons to apply at any time between that date and prior to 1 March for inclusion to the supplement to the postal voters list which will apply to the Údarás election on 2 April 2005.

Advance notice was given of my intention to hold the next Údarás election in April 2005 as far back as 8 July 2004 in my response to Parliamentary Question No. 345 to Deputy Ó Snodaigh. It was also highlighted in my press release of 7 January 2005 relating to the review of powers and functions of Údarás.

I chose a Saturday for the poll to facilitate persons who work or study away from home during the week, and this will once again prove successful. The purpose of the vote list is to franchise persons who are generally not available at their place of registration and not to accommodate sporadic absences.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Minister has gone three minutes over his time.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Arising from a meeting today of my officials with returning officers, a substantial number of applications was received in advance of the statutory deadline.

Pádraic McCormack (Galway West, Fine Gael)
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Why did the Minister not sign it the previous Monday?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy's matter took up 13 minutes when only ten were allotted.

Pádraic McCormack (Galway West, Fine Gael)
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My question was not answered.