Michael McCarthy (Labour)

I move amendment No. 2:

In page 3, before section 2, to insert the following new section:

2.—Section 48 of the Electoral (Amendment) Act 2001 shall not apply to European Parliament elections held in the year 2004.".

Section 48 of the Electoral (Amendment) Act 2001 allows the Minister to apply, by order, electronic voting to European elections. The Minister is provided with the power to amend the European Parliament Acts for that purpose although I do not think the order has yet been made. If the order has not been made, when will it be introduced? There is a question as to its constitutionality in the context of the Carrickmines case. The judgment in that case was that the Act cannot be modified by order. Events of recent days may have implications for the response of the Minister of State, which I am interested to hear.