Clare Daly (Dublin Fingal, Independent)
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I am grateful that this matter was selected as we spent our Friday last week dealing with this issue and the outrage of many voters at what they saw as the flagrant violation of the law with regard to electioneering near polling stations. There are two issues here with which we need to grapple. The first is the law prohibiting the display of election posters within 50 m of a polling station. Obviously, there were many instances last week where a massive array of “No” posters appeared overnight in greater proximity to polling stations than that. However, there was a complete failure on the part of the Garda, local authorities or the returning officers concerned to take any action.

It was ironic in my area where the local authority early on in the campaign jumped the gun and took down a load of posters and then apologised for that, on the days of the election and the count its officials were nowhere to be seen and did not answer their phones. Residents rang and asked them to come out. Similarly, the Garda did not take any action either.

I am wondering what we can do to enforce the law. Can we have clarity on where the polling station is? Is it the table or the desk where the voting is or is it the entrance to the building, and have we given any thought to getting rid of posters? Particularly in this current climate of the damaging nature of plastics, we should be moving to a scenario where it is regulated, as in other European countries where, for example, one might have one big billboard in a communal area where people can go in a town or village on which everybody puts up their posters. Something has to be done about the blight on our landscape.

The other issue that caused even greater outcry was what could be deemed to be a devious manipulation of the election rules and an inappropriate display of religious iconography in close proximity to the polling stations. Many of our voting stations are Catholic schools. One would expect to see some symbolism in a Catholic school. However, the reports we were receiving went way beyond this, involving the strategic location of religious iconography in order to, as residents put it to me, “influence the vote”. For example, in Garristown, a rural part of my constituency, residents were outraged. In 40 years voting in the same location, they had never seen anything like it. There was literally an altar that they had to pass on the way in. In Booterstown, we received reports of a religious statue placed at the entrance. On the Navan Road, where residents normally walk in through the main door of the school, they were diverted around to a side entrance and they had to pass a display.

In Galway, a resident found a Bible on the polling booth. He was getting his ballot paper and when he objected to the two women, who said, “Sorry about that”, he went to the garda. The garda agreed that should not be there but an hour later when his wife voted the same Bible was still there. The gardaí did not want to know. The Returning Officer did not want to know.

In Sallins national school, the same occurred. Residents were very unhappy to have to go pass a wall full of hand-drawn pictures of the Virgin Mary. When a resident contacted Kildare County Council, it sent them to the Garda. The Garda sent the resident to the Referendum Commission, which stated it was nothing to do with it and sent the resident to the National Presiding Officer.

There were so many accounts from different parts of the country that it could not have been a co-incidence. There were just too many. I have never heard that previously. When, in Garristown, for example, the residents said to me there is a perfectly good gym hall where there would be no imagery, and asked why did they not put the desks there, it seemed to be quite strategic. That seemed to me to be a manipulation of the law.

I am wondering whether the Minister is looking at any way in which we could regulate this and ensure that this would never happen again.

John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I thank Deputy Clare Daly for raising the issue, which is of interest to us all. As well as voting and participating on Friday, watching social media I would have seen some of the reports the Deputy mentions.

The primary role of the Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within that framework, local Returning Officers in each constituency are responsible for all matters in connection with the actual conduct of elections and referendums, including the selection, appointment and training of polling station staff in accordance with the relevant provisions of electoral law.

Under electoral law it is an offence to interfere with or obstruct or impede an elector going to or coming from, or in the vicinity of, or in, a polling station.

Electoral law also prohibits canvassing in any form in the polling station, in the building containing the polling station, in any grounds attached to, or in the curtilage of, the building and within 50 m of any entrance to such grounds or such building, or within 50 m of its curtilage.

It prohibits any form of canvassing, including congregation or loitering by persons, display of posters or distribution of leaflets or cards. It also prohibits the use of any loud-speaker within the area in which the prohibition applies.

Guidance issued to local Returning Officers by the Department in advance of electoral events advises that they should ensure that presiding officers are aware of these provisions and of their duty to ensure that they are complied with within the polling station, the building containing the polling station, its grounds and at any entrance to the polling station or grounds. In particular, presiding officers should have checks made through the day to ensure that the prohibitions are being observed.

The Department’s guidance further advises that the presiding officer should also ensure that posters are not displayed within the polling station or the building where it is situated, or its grounds or on the railings or walls of the grounds.

The enforcement of these provisions is a matter for An Garda Síochána. The presiding officer is advised to co-operate with the gardaí and ensure, as far as possible, that the provisions are complied with in the polling station and its grounds and should bring any breaches, whether within or outside the grounds, to the notice of the Garda.

Further to that official response, I have been aware on many occasions over the years of situations where posters are too close and upon being brought to the notice of the presiding officer in the stations and gardaí, they have always been removed. That is the law. That should have been implemented on this occasion.

According to reports I received from across the country, generally speaking, there was positive action taken to remove posters that were within that 50 m curtilage. In relation to iconography and the broader issue of where polling stations should be, the legislation places the responsibility quite clearly on the local Returning Officer to decide on the location as well as the staff and the training. However, it has been the case over the past few years, and I believe it should continue to be the case, that in places where a suitable non-school facility exists, for example a community hall, there has been a growing tendency that those facilities are used now more than they would have been in the past.

I made a few phone calls around the country and it is not only a rural issue. In parts of certain large urban communities, primary schools tend to be located in situations where they are easily accessible and sporting facilities or community halls do not tend to be as evenly spread throughout urban areas and certainly not throughout the broader rural community.

The points the Deputy makes in relation to the choosing of polling booth and polling station locations are issues that must be brought to the fore again with Returning Officers, in terms of directives and circulars from the Department. Broadly speaking, while there were incidents around the country, in particular in relation to postering, the referendum seems to have been carried out in a full and open fashion.

Pat Gallagher (Donegal, Fianna Fail)
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The Minister of State has exceeded his four minutes.

John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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We will be taking on board some of the Deputy’s suggestions with regard to training staff in the future.

Clare Daly (Dublin Fingal, Independent)
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There are a couple of issues. The Garda, in a number of instances in my area of Rivervalley, when called, did not remove the posters. The garda who was called in Galway over the presence of the Bible did not ensure that the Bible was removed. Even though it was recognised that it should not have been on the table, it was not removed.

The interpretation of the legislation was that the 50 m was not from the entrance of the building but to the desk buried in the middle of the building. Had the gardaí interpreted it correctly, they would have removed them. They not only did not remove them but did not even understand the law, and the Returning Officer did not either. We cannot have a repetition of that. It was regrettable.

There needs to be considerable training of Returning Officers. I have no problem with schools being chosen - they are a good location. The point is there has to be an instruction to the school that if it is allowing its facilities to be used, we cannot have obvious religious symbolism in a sensitive issue such as this. Particularly in the instances in my area, it could have been avoided. The school could have been used. The Catholic iconography in the school could have been protected in its locations where they normally have it. The two did not need to conflict. It was quite clear there was a deliberate conflict here. Even in my polling station, the school shares the carpark with the church. One drives in to the church and then turns right to the school. There was a car strategically parked in the carpark with a sticker on the back, stating “Vote No.” One could not drive in to the carpark without seeing this car that was there all day.

We need to look at the regulations and state that it is not just posters. Our returning officers need to be far better equipped and the schools and locations that host this important part of our democracy have to be told that it is not on. I would be very grateful if the Minister of State could relay the fact that we need to revisit the regulations and the education of returning officers. They are getting paid for the job, so they should at least know how to do it properly.

John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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My concluding remarks are to thank the staff across the country who ensured that this referendum and elections happen smoothly enough in an Irish context. I take on board the Deputy’s point, however, on making it clear to the presiding officers what the rules are on postering and iconography. The Bible issue was mentioned a lot in social media posts. The presence of a Bible is merely for people to make an oath if they so wish to affirm their identity. They do not have to use the Bible either but it is a generally accepted mode used in many other-----

Clare Daly (Dublin Fingal, Independent)
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It is not supposed to be on display though.

John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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It is not supposed to be on display. I do not think the rules themselves need to be changed very much but I think there needs to be a thorough exercise on ensuring that those who are operating them on the day are fully aware of what the rules are. I take that on board completely. We will try to endeavour that before our next electoral outing, which should be later this year, that such training can take place.

Clare Daly (Dublin Fingal, Independent)
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Hopefully.