David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

10. To ask the Minister for Environment, Community and Local Government if he has considered making alterations to the layout of ballot papers for the upcoming by-election; and if he will make a statement on the matter. [15738/15]

David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am tabling the question because it is important that we have a system whereby the ballot papers are not designed in such a way as to mislead people or cause them to vote in a way they might not have intended. I have raised the issue on several occasions. The design of the ballot papers is very important. I am curious to know whether what I mentioned in the past has been considered by the Department, Minister and officials and whether there is any response to it.

Alan Kelly (Tipperary North, Labour)
Link to this: Individually | In context | Oireachtas source

Provisions for the layout of the ballot paper for Dáil elections are set out in section 88 of the Electoral Act 1992, as amended. Over the years, many suggestions have been made for change to the format and layout of ballot papers. These include blacking or shading the empty emblem box for non–party candidates and the use of the word "independent" instead of "non-party". The Convention on the Constitution, in its fourth report, recommended changing the alphabetic order of candidates. We have been down this road before. The proposed electoral commission will be asked to give further consideration to the proposal, as the Deputy may be aware. I have published a consultation paper on the establishment of an electoral commission and it is currently the subject of a process of consultation, under the aegis of the Oireachtas Joint Committee on Environment, Culture and the Gaeltacht, which I expect to report to me.

Everybody in the House has an opinion on this matter. I am not sure if there is an absolute right or wrong. I have no plans to alter the layout of the ballot paper in advance of the by-election. The Deputy has expressed his views on this before, and if we receive some initial thoughts on it, we may consider something before the forthcoming general election. However, I am loth to change the ballot paper unless I see some real, qualified justification for doing so. To date, we have heard various different opinions. It is through the commission that we will get the solution to this issue, if changes are necessary at all.

David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for his response and I welcome the fact that the commission is to be established shortly. People read from left to right, and the Minister mentioned the idea of blanking out the space or putting some sort of independent logo on the ballot paper. In the left hand column of the ballot paper, the party logos are displayed beside the party candidates, while the space beside the independent candidates is blank and I have observed over many elections that people vote in the column on the left. They start off by giving their No. 1 vote to an independent candidate and then keep going in that column. Thus, candidates who are affiliated to a party are at a disadvantage. It would be very simple to rectify this in the by-election and from then on. I have seen hundreds of ballot papers marked in this way. Party members are immediately disadvantaged, given that people read from left to right. It is a very simple matter. I was amazed, and I raised it after the local elections when I first noticed it. Hundreds of ballot papers were marked in that way. I would be interested in the Minister's response.

Alan Kelly (Tipperary North, Labour)
Link to this: Individually | In context | Oireachtas source

The Deputy has raised a number of issues and this is one. I will examine it. The Deputy and others, who take a keen interest in this, as we all should, have raised several issues.

It is a valid argument and it is something we will be able to deal with over time. I must take some advice on it, particularly legal advice, but at this juncture it is something I would consider favourably.

David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am delighted to hear that the Minister will do that. I take it that the ballot papers for the by-election have not been printed yet, so there might be time to act beforehand and deal with this anomaly. In our system of the single transferable vote a small difference such as that can make a massive difference to the result. The eighth, ninth and tenth preference can affect the outcome of an election. I have seen hundreds of these papers marked in that way. I have raised this previously and I am very frustrated that it has not yet been rectified. However, I am pleased that the Minister has decided to examine this. It should be done before the by-election, as the papers are not printed yet. The Minister could get it done by issuing an instruction that an X, a black mark or something be put there. Members of Sinn Féin, Fianna Fáil, Fine Gael, the Labour Party or any other party with a logo are at a disadvantage because of this. It is a small issue, but it can have a big outcome.

Alan Kelly (Tipperary North, Labour)
Link to this: Individually | In context | Oireachtas source

The Deputy makes a valid point and we will certainly examine it. I cannot commit to getting it done before the by-election, although I will see if it is possible. We will take advice on the matter and revert to the Deputy and the House. However, the issue is validly put and must be seriously examined.