Dáil debates

Wednesday, 11 March 2009

Electoral (Amendment) Bill 2009: Second Stage

 

1:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I move: "That the Bill be now read a Second Time."

The purpose of the Bill is to amend the Local Elections (Disclosure of Donations and Expenditure) Act 1999 to provide for the introduction of limits on expenditure by candidates and political parties at local elections. It is my intention to have the limits in place for the local elections to be held on 5 June next.

There are currently no limits on local elections expenditure. Under the Local Elections (Disclosure of Donations and Expenditure) Act 1999, as amended, all local election candidates are required to submit a statement of election expenditure and donations received at the election, and the source of the funds to meet that expenditure. These requirements were put in place in 1999 and operated for the 1999 and 2004 local elections.

The approach I am adopting now is to amend the Local Elections (Disclosure of Donations and Expenditure) Act 1999 to provide for a cap on spending at local elections, in addition to any other incidental provisions that may be necessary. The introduction of spending limits will be provided for by way of the insertion of a new Part IIIA in the 1999 Act specifying limits for spending in each electoral area.

The purpose of introducing spending limits is to create as level a playing field as possible to ensure that candidates of modest means are not put at a disadvantage in contesting local elections. The putting in place of the limits on expenditure at the 2009 elections will bring local elections into line with the other electoral codes where spending limits already apply.

In October 2008, I consulted the Joint Committee on the Environment, Heritage and Local Government on the issue of spending limits. A policy research document prepared on behalf of the committee and presented at that meeting offered useful practical guidance. There were a number of complexities that needed to be considered and I discussed these with members of the committee. In considering the proposed limits, I have taken into account the various views expressed by stakeholders during the consultative process. The consultative committee on local government reform, which was involved in the preparation of the Green Paper on Local Government, also considered the issue of expenditure limits. That committee included representatives from all of the main local government associations and representative bodies, the Association of County and City Councils, the Association of Municipal Authorities of Ireland, the County and City Managers' Association and the Local Authority Members' Association.

In setting spending limits, a balance had to be struck. The limits have to be realistic and reasonable. If they were set too low, they might unduly impede campaigning, particularly by new candidates. Were the limits too high, it would defeat the objective of discouraging excessive spending.

Based on past experience, expenditure by candidates varies widely, with candidates in more populated county and city council areas tending to incur greater expenditure. There is also considerable variation in the population of electoral areas. For example, among the county and city councils the electoral area with the smallest population is Drumlish in County Longford with 6,453 people. At the other end of the scale the Pembroke-Rathmines electoral area in Dublin city has the largest population, with 60,277 people.

In setting the spending limits, I have taken account of these differences. Therefore, candidates in more populated county and city council areas will be able to incur greater expenditure. For the 34 county and city councils, a sliding scale with four separate spending limits, based on the population within each individual electoral area, will apply. A top limit of €15,000 will apply in the most populated areas, with limits of €13,000, €11,500 and €9,750 to apply to candidates in other county and city council electoral areas, depending on their population.

Given their different administrative responsibilities, I have concluded that there is a case for setting different limits for county and city councils on the one hand, and borough and town councils on the other. Therefore, I decided that all candidates standing for election to borough and town councils will be subject to a flat spending limit of €7,500.

It is common for candidates to contest simultaneously local elections for a county council and an urban-based borough or town council. In these circumstances, a candidate will be able to spend up to the limit for the county council electoral area, plus one quarter of the limit for the borough or town council electoral area as the case may be. In view of the economies of scale for a candidate who contests two polls on the same day, it is reasonable in such a situation to reduce the limit for spending in the case of the relevant borough or town council election. The spending limits will apply at the forthcoming local elections for which polling will take place on 5 June. Future local elections will also be subject to spending limits.

Each section of the Bill is explained in the explanatory memorandum which was circulated with the Bill. I will now comment on the principal provisions in the Bill. Section 2 provides for amendment of the 1999 Act to update definitions of expressions used in that Act.

Section 3 provides for the repeal of section 6(1)(b)(v) of the Act of 1999 to take account of the Supreme Court judgment in the Kelly case on the use of public funds for electoral purposes. This is the case from 2002 of Desmond Kelly v. the Minister for the Environment, Heritage and Local Government, Ireland and the Attorney General. Section 6(1)(b)(v) of the 1999 Act deems certain types of expenditure not to be election expenses, such as certain payments, services or facilities provided from public funds by a range of individuals and bodies. That provision is contrary to the judgment in the Kelly case and, accordingly, it is proposed to repeal it.

Section 3 also provides for the amendment of section 6(3)(a) of the 1999 Act which has determined the spending period at local elections for the purpose of disclosing election expenses. The existing formula in section 6(3)(a) of the 1999 Act for setting the spending period, is by reference to the period commencing on the making of the order by the Minister appointing polling day at a local election, and ending on polling day. The Bill provides that the spending period will now be specified by a separate order of the Minister made after the order appointing polling day. The spending limits period will commence between 50 and 60 days before polling day and end on polling day.

Section 4 provides for the insertion of a new Part IIIA in the 1999 Act. That Part contains two sections relating respectively to spending limits at local elections and to the setting of the spending period for the reckoning of election expenditure incurred by or on behalf of candidates, or political parties at a local election.

Section 4 inserts a new section 12A in the 1999 Act which will provide for the introduction of spending limits at local elections. It sets out the specific limits on election expenditure by candidates and political parties for each category of electoral area, calculated on the basis of the population of such areas. For the 2009 local elections, population data from the 2006 census report is being used as the basis for determining the spending limits in county and city council electoral areas. In order to avoid ambiguity about future elections, I intend to propose an amendment on Committee Stage. This amendment will specify that population data used in setting spending limits will be from the census report setting out the final result of the most recent census of population.

The spending limits for local elections will apply to individual candidates in the first instance. Candidates nominated by a political party will be deemed to allocate automatically 10% of their spending limit to the party's national agent for use at a national level. However, there will be scope to vary this figure upwards or downwards by written agreement between the candidate and his or her political party.

A new section 12B includes a revised formula for determining the period for the reckoning of election expenses incurred by or on behalf of a political party or a candidate at a local election. It provides that after the Minister has made an order under section 26 of the Local Government Act 2001 fixing polling day at a local election, he or she may by order specify the period during which election expenses at the local election concerned are to be reckoned for the purposes of Part III A of the 1999 Act. Section 12B also provides that the date on which the spending period commences at the election must be not less than 50 and not more than 60 days prior to polling. The spending period ends on polling day at the election.

The existing requirements provided for in the 1999 Act on the furnishing of statements of election expenditure by political parties and candidates at the local elections will continue to apply at the 2009 and future elections. The key additional requirement is that candidates and political parties are required to comply with the relevant spending limits specified in section 12A of the 1999 Act. Political parties and candidates at the election will have to continue to comply with the existing requirements of the 1999 Act on the furnishing of statements of election expenses and donation statements within 90 days following the polling day at the election. These include the statements by the national agent of a political party to the specified local authority, and by the designated person of a political party, or a candidate at the election, or third parties to the local authority concerned.

In the case of a candidate at the election, the statement of donations and election expenses must include details of the election expenses incurred and the source of the income, including details of each donation which exceeds €635. Statements by political parties and third parties of expenditure at a national level will be made available for inspection by the specified authority, which is Dublin City Council.

In the case of a candidate of a political party whose candidature is authorised by the party, the national agent of the party may, by agreement in writing, authorise the designated person of the party within an electoral area to incur a proportion of the election expenditure at the election which the candidate is entitled to incur at electoral area level under section 12A(1)(a). The designated person must submit a declaration of spending to the local authority, as they have done heretofore under the existing requirements.

Section 5 provides for the insertion of a new subsection in section 19 of the 1999 Act to require local authorities to include in their annual reports the aggregate details of election expenditure in respect of each candidate as well as details of donations received by candidates. This will assist in publicising the information contained in the statements of election expenditure and statutory declarations furnished to local authorities.

Statements of election expenditure and statutory declarations furnished to the local authority are required by section 14 of the Act of 1999 to be provided to the elected members of the local authority. The 1999 Act requires a local authority to register every statement of election expenses and every donation statement it receives under section 13 of the Act, and to acknowledge receipt of the statement. A local authority must also give public notice by way of publication of a notice in a newspaper circulating in its functional area indicating the time and place that the statements can be inspected; the notice must also include the names of those who have not furnished statements.

Local authorities are required to retain for a period of at least three years from the latest date for the furnishing of statements of election expenses and statutory declarations, every statement of election expenses and statutory declaration as well as any relevant court orders arising from any legal proceedings connected with the election which relates to the local authority.

A local authority must permit any person to inspect free of charge any documents furnished to it by a national agent or designated person of a political party or candidate at the election. It must permit such a person to take a copy of such document or an extract from the document on payment of a fee not exceeding the reasonable cost of copying.

Under section 18 of the 1999 Act, a local authority is required to draw up and issue guidelines to candidates and political parties on matters provided for in the Act. This will also include guidance on spending limits at an election. Such guidelines on the local elections will be of great assistance to candidates and political parties at the election, and will make for a greater understanding of the requirements of the legislation governing local elections and spending limits.

Section 6 provides for the amendment to section 19C(1) of the 1999 Act to widen the scope of section 19C, by inserting a reference to section 12A. This will enable the Minister to vary the spending limits at local elections from time to time, in order to take account of changes in the consumer price index since the coming into operation of the provision. This will ensure that the Minister could vary, by order under this section, the monetary amounts set out in section 12A which specify the limits on expenditure by political parties and candidates at local elections, having regard to changes in the consumer price index. This would be done by order of the Minister under section 19C, and it would obviate the need for primary legislation to do so.

Section 7 provides for the amendment of section 20 of the 1999 Act. The amendment provides that where a member of a local authority elected at a local election incurs expenditure in excess of the expenditure limits set out in section 12A of the amended 1999 Act, and where he or she is convicted by a court following proceedings initiated under section 20(3A), in addition to any penalty which the court may impose, he or she will be disqualified for membership of any local authority. The disqualification in such a case will apply and will have effect for the remainder of the term in office of the members of that authority.

Section 8 of the Bill provides for the amendment of section 21 of the 1999 Act to strengthen provisions for offences and penalties in that section, and to introduce additional offences and penalties in respect of non-compliance with spending limits at local elections. It provides that a national agent or a designated person of a political party or a candidate at the election is guilty of an offence, if he or she incurs election expenses in excess of the relevant expenditure limits.

The amendment of section 21 also provides for offences and penalties where a person incurs election expenses on behalf of a political party, unless the person is the national agent or a person authorised by such an agent acting within the limit of such authorisation, or on behalf of a candidate, unless the person is a designated person or a person authorised by such a person acting within such authorisation. Penalties of up to €25,000 are provided for where somebody guilty of an offence is convicted on indictment or, at the discretion of the court, to imprisonment for a period not exceeding three years, or to both the fine and term of imprisonment.

Section 9 deals with the position in litter legislation on the existing exemption from prosecution for exhibitors of public meeting, election or referendum posters. That legislation is silent on the start date from which such posters may be erected. I am aware that in practice, many local authorities do not allow candidates to erect posters until an order appointing polling day is made. The Local Elections (Donations and Expenditure) Act 1999, to be amended by section 4 of the Bill, allows for a spending period for determining candidate expenses in local elections to be specified by order of the Minister. I have decided that this period will be not less than 50 and not more than 60 days prior to polling day at a local election as the date for the commencement of the spending period, and the polling day at the relevant election as the date on which the spending period ends. This may inadvertently result in candidates believing they may lawfully erect election posters for a period of 50 to 60 days prior to local elections — a time period which is too long and which may lead to greater levels of litter arising from these posters.

To control litter arising from posters and to remove any uncertainty which could be created, I propose that the maximum time period prior to an election during which posters may be exhibited should either commence from the date the polling day order is made, or be a designated time period of 30 days prior to polling day, whichever is the shorter time period.

In the case of any future referendum, I do not propose to restrict the time period involved to 30 days. Instead, I propose to allow posters to be erected from the date the order appointing polling day is made. If the amendment is accepted, posters which advertise a public meeting for up to 30 days prior to the date of that meeting will be permitted. The amendment to the Litter Pollution Act 1997 will clarify the position on the time limit for the erection of posters for public meetings, elections and referenda, and remove any confusion which may exist in this regard, leading to greater control of postering and a reduction in littering. I do not propose to amend the provision which currently allows exhibitors to remove any posters they erected up to seven days after a poll.

I am satisfied that the introduction of spending limits for candidates and political parties at local elections will herald a new era of openness and transparency in the electoral process. Putting in place spending limits will ensure that national and local elections will all be subject to similar spending rules, and should contribute to simplifying the law in this area.

I commend the Bill to the House.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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I wish to share my time with Deputy Clune.

I welcome the Minister to the House. This Bill addresses important issues relating to the amendment of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 and the Litter Pollution Act 1997, and it broadly succeeds as such. However, it fails for its lack of scope and depth, particularly the timescale proposed for limits on election spending and the failure to include a reference to the provision of an electoral commission, which is essential for the impartiality of all electoral matters. Nonetheless, I am delighted the Minister has acknowledged the work of the Joint Committee on the Environment, Heritage and Local Government on the electoral register, with which I will deal shortly.

The Electoral Act 1997 has been the principal instrument for regulating electoral spending. This Act introduced limits on election expenditure as part of a reform of broader issues, including public funding for political parties and a disclosure requirement on political donations over a certain threshold. These limits have operated in line with inflation only in respect of Dáil elections, general elections, by-elections, European elections and Presidential elections. The Electoral (Amendment) Act 2001 added further restrictions, such as the capping of the size of political donations, the prohibition of foreign donations and requirements for a mandatory political donations account, with full disclosure to the Standards in Public Office Commission. However, local elections were outside the net and equity certainly played no part in election spending. The disparities from party to party and candidate to candidate made a mockery of democracy, leaving candidates from weaker parties or those of limited means at a decided disadvantage.

While I fully support the Minister's stance on election spending, I also agree with those who feel the damage has been done long before the new proposed 60 day time limits for spending on the local elections, which is double the current 30 days prior to a general election. This timescale will have to be examined. The actual spending limits for the local elections in my constituency of Longford and Westmeath sees Ballymahon, Drumlish and Granard in County Longford with a candidate spending limit of €9,750, while the Longford electoral area has a limit of €11,500 and Westmeath has an overall candidate spending limit of €11,500. This demonstrates the differing rates in practice and on the surface it may appear to make sense in terms of electoral area size. However, it fails to account for the greater distance travelled in rural areas. A rural constituency is sparsely populated and it costs more to canvass. One could travel two miles down a road simply to canvass one house, whereas in a town or city walking the length of one street may allow many houses to be covered in a short space of time. In terms of time and money, the rural canvass costs more.

Given the changing face of politics and the pressure brought to bear on individual candidates and political parties, electioneering starts the moment one election is over and runs right up to the next election. Spending could be said to be well past its peak in the eight weeks before polling day. While the proposed linking of the limits to the size of the electoral area is not without its problems, especially for rural constituencies, and will certainly go some way to providing fairness and equity to the electoral process, the timescale is worrying. Perhaps the Minister could give some thought to bringing in a limited spend to bear across the fixed time between local and European elections. I realise this would be a good deal more difficult to enforce for a general election, given the unpredictable nature of that process.

The announcement at the weekend that the self-seeking grasp of big business is to be cut from around politics is welcome. The Minister's reference to white collar criminals and their champagne and cavalier lifestyles——

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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It was caviar.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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It could be cavalier too.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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These lifestyles are, I assume, borne out through the eye-opening influences of the corridors of power, to which the Minister has been exposed since entering Government. I believe this is the case and I have not seen the Minister reject these yet.

Photo of Deirdre CluneDeirdre Clune (Cork South Central, Fine Gael)
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Champagne and caviar.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Exposure to the Galway tent from the inside must be a shock to those of a sensitive nature. It seems that the Minister is hell bent on destroying the modus operandi of Fianna Fáil politics, which is commendable and very welcome.

The corruption that led to sectors of the country flouting planning laws and bending banking laws must be stamped out. I appreciate the Minister's efforts and he has our full support in that regard. The wealthy called the tune, reaping the benefits of the Celtic tiger years and now low and middle income taxpayers are picking up the tab. However, it is difficult to have confidence in the Minister, Deputy Gormley, when as soon as he announces a crackdown on bankers' pay, his colleague the Minister for Finance, Deputy Brian Lenihan, pulls the rug from under his feet in the blink of an eye. The Minister for Finance has shown the Minister's words to be empty rhetoric. Guaranteeing that banker's pay would be capped, while knowing that the Minister for Finance had already rejected the idea——

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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No he has not.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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——was a cheap shot from the Minister, who has been forced into a weak position with little influence on Government. We often heard of the tail wagging the dog, but it is certainly the dog wagging the tail in this case.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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It will be capped.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Heads must roll.

Photo of Noel O'FlynnNoel O'Flynn (Cork North Central, Fianna Fail)
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The Deputy's remarks must be relevant to the Electoral (Amendment) Bill.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Heads must roll and those responsible should, in the spirit of all revolutions, be seen to go. It is only by a clear out of the corruption that has beset the country that confidence can be restored internationally in Irish integrity.

Monkeys hanging from trees and poles played a part in scuppering a Lisbon treaty "Yes" vote. Apart from the recognisable simian anti-treaty campaigners, the 47 varieties portrayed on posters throughout the country were instrumental in bringing in a "No" vote. While the Bill does not highlight the problems associated with the Lisbon treaty referendum per se, section 9(e) specifically relates to advertising for a referendum, albeit in connection with litter. However the issue of the content of posters must also be considered and addressed.

It is essential that whatever is necessary is brought to bear to ensure that the Lisbon treaty re-run is not hijacked again by politicians at the expense of the issues involved. Posters highlighting individual politicians should be banned from the public arena in the lead up to the re-run of the Lisbon treaty referendum.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I fully agree with the Deputy.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Allied with the lack of information that was the hallmark of the disastrous Lisbon treaty referendum, the confusion associated with posters featuring party politicians brought the campaign to an inevitable conclusion. Bluntly put, politicians on every side of the divide must rise above the promotion of their personal image to highlight the pros and cons of this important issue.

The survival of the country as a member of the EU is not dependent on local or national politics, but rather the subjection of national bickering to secure our European future for voters throughout the country. Photos of local politicians on Lisbon treaty posters clouded and obscured the essential message. Many voters were confused and party loyalties directed what should have been independent and well informed opinion. I call on the Minister to take whatever steps are necessary to direct a sensible campaign in the lead up to the second Lisbon treaty vote. Posters should only be permitted to feature a point of view and not be used as a form of self promotion.

While the Bill seeks to limit the period during which posters may be exhibited at elections, it should also make provision to separate the form of poster permitted for elections as opposed to referendums. Given the obvious lack of thought in the lead up to the first Lisbon treaty vote, it is now essential that the i's are dotted and the t's are crossed.

At local and general elections, posters can be counter productive. The public is fed up with the early appearance of posters which can be compared with the extension of the Christmas period. To the electorate, the appearance of posters evokes the same reaction as the appearance of the festive season in mid or early September. Election posters appear early and disappear late. What starts as a poster well fixed to a pole or tree may become in the course of the lead up to the election a scruffy, defaced offering hanging on by a thread or else blowing about the street. Perhaps election posters should be limited to free dedicated poster sites and not permitted to appear like a rash around our streets. An excess of posters can be counter productive and the irritation factor for the public especially regarding the litter factor can in fact work against candidates.

Perhaps as a member of the Green Party, the Minister for the Environment, Heritage and Local Government would consider an allowance for the recycling of posters. This is an initiative that would lessen the public's aversion to the rash of posters that, once the election is over, add to our waste problems.

The extension of the role of local authorities in the Bill at the expense of a provision to set up an independent electoral commission is disappointing. While local authorities have done the best job possible in the circumstances, the care of the electoral register is not within their remit and has placed an undue burden on staff and resources. Currently some 34 registration authorities are legally responsible for preparing and maintaining the register, despite it not being a core function of local authorities. This undoubtedly leads to a lack of priority being given to maintaining data.

A review carried out by Fine Gael on the future of the electoral register in Ireland has indicated that the need for a single, independent body to foster integrity and public confidence in the democratic process and to regulate party and election finances is a foremost consideration. An electoral commission which would regulate all matters pertaining to the electoral register would fill the void that has been created by the decentralised multi-agency approach taken to the register in the past. An accurate register of electors is essential if one is to have an open and fully transparent voting process in a democracy.

While it is not productive to hark back to mistakes made by the Government, it is self-evident that the electoral register has been woefully neglected. The Government's startling apathy towards the register culminated in the finding of more than 800,000 errors, which is totally unacceptable. Every person entitled to vote must be able to do so and all citizens must have confidence in the accuracy of the electoral register.

While the rights of citizenship are continually emphasised in democracies, citizens' duties and obligations, which in this country broadly prescribe that we owe certain duties or obligations to the State, including the payment of taxes and the undertaking of jury service, should be expanded to emphasise the duty as opposed to merely the right to exercise one's electoral franchise. In 32 countries worldwide it is compulsory to vote. In 19 of these countries, including Australia, compulsory voting is pursued through enforcement and in Belgium it dates back to 1892.

The Government must support the establishment of an electoral commission and compilation of a new national rolling electoral register. It is essential to resolve the problems associated with the register of electors and the associated necessity of having a single overarching body responsible for the compilation of the electoral register. The Chief Electoral Officer in Northern Ireland or Electoral Commission in the United Kingdom could serve as a model.

Administration of the electoral system has been piecemeal and lacks a cohesive approach. The Joint Committee on the Environment, Heritage and Local Government has consulted a number of bodies in other jurisdictions. The Fine Gael Party supports and promotes the overriding consensus that a single body be established to compile and manage the electoral register. This should be an independent body free from Government and political interference. What is wrong with this proposal? It should be acceptable to all those who have nothing to hide or brush under the carpet. The CEO of the Northern Ireland Electoral Office is not a member of the civil service there. His or her terms of reference are similar to those of a judge which gives the office an independence from government or political interference.

We must introduce a system which is recognised as a model of good practice in electoral registration and administration. All eligible persons should be able to participate in the democratic process by registering and voting, free from intimidation and threats. It is essential to secure the integrity of the electoral process. Once a new body, whether an electoral commission or national electoral office under a chief executive officer with local offices, is established, it should have a broader remit than compiling and maintaining the electoral register. The CEO should be designated the electoral commissioner or chief electoral officer. The body should have complete responsibility for the electoral register, the electoral process, specifically initiatives such as e-voting if this can be satisfactorily introduced, counter-fraud measures and electoral identity cards.

While the introduction of electoral identity cards may be contentious in so far as the debate on this issue of identity cards is characterised by strong opposing viewpoints, such a card, provided it featured a photograph, would eliminate fraud. Members should strongly support the introduction of electoral identity cards as part of an overall revamp of the electoral process and as a valuable tool to complete registration. Registration for an electoral identity card could run hand in hand with electoral registration and while the card would not contain personally sensitive information, such as PPS numbers, date of birth or address, such data would be kept on record. An electoral identity card could also be used to open a bank account, for the purposes of airline security, to gain entrance to pubs and clubs, thus bypassing the need for students to carry passports which are currently being misused, and to buy alcohol and tobacco.

Legislation must be urgently drafted to empower a new body or commission to carry out a clearly defined mandate; transfer electoral roles to one body; revise the existing register, as outlined; give statutory standing to a continuous registration process; provide resources for staffing, marketing and research; and update the registration process with an emphasis on compulsory registration. It is my considered opinion, based on methods used in other jurisdictions, that all matters pertaining to the register and the full electoral process should come under the sole authority of a single body.

While the Fine Gael Party does not propose to table a large number of amendments, it will seek clarity on the wording of paragraph (i) on page 5, which is confusing and appears to indicate that a political party could incur 10% of the expense incurred in a local election. The Minister went some way towards clarifying this matter but further clarification is required.

The Minister also referred to the disqualification of a member of a local authority who breaks the law. However, he did not indicate how the resultant vacancy would be filled. He must clarify how this will be done, for example, by way of a by-election or co-option.

Photo of Deirdre CluneDeirdre Clune (Cork South Central, Fine Gael)
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I thank my colleague, Deputy Bannon, for sharing time and welcome the opportunity to speak on the Bill. I have been aware of the Minister's consultations on the legislation and have read some of the transcripts of meetings of the Joint Committee on the Environment, Heritage and Local Government. The Minister and joint committee have been open to consultation and have invited submissions on the legislation.

I am particularly pleased the Local Authority Members Association is taking the Bill seriously. Its submission focused on expenditure limits during local elections and the need to take cognisance of the different types of electoral areas and so forth. For example, we have borough, city and county councils, rural and urban areas and sparsely and densely populated areas. The tiered expenditure limits the Minister proposes will go some way towards addressing these disparities. The elections in June will be a test run for the legislation.

From my experience of standing in local elections, the money one spends is not as important as the number of people one meets, the number of doors one knocks and the extent of one's connection with the local community. Having been elected to Cork City Council on two occasions, I believe there are few better ways of making an impact on the electorate other than direct contact. The limit of €7,500 proposed for a candidate standing in an election to a borough council does not appear to be excessive.

The Acting Chairman, Deputy O'Flynn, served on the same local authority as I did and will be aware of the importance of connecting with people and working on the ground if one wants to be elected.

Debate adjourned.

Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.