Pat Gallagher (Donegal South West, Fianna Fail)

The EU directive which sets down the requirements in this area specifies that resident EU citizens wishing to vote in their member states of residence must certify their nationality, address and any other details required. The EU directive states they must do this by way of a formal declaration which, if inaccurate, makes the person concerned liable to penalties in accordance with the new national law applicable. Senator McCarthy recognises this in his amendment and also recognises that if the details are not in order or in accordance with the regulation, there can be a fine of €3,000 or 12 months in prison.

We have such a formal declaration in place since 1938 when the Statutory Declarations Act was enacted. This procedure has been used extensively since then in all types of elections. Electoral law already provides for such declarations to remove any doubt in the case of registering individuals as electors. I do not see any point in duplicating an electoral law — a system which has been used for over 60 years. The procedure is exactly what the EU requires and has not presented any difficulties in other EU member states where similar arrangements apply. I do not accept it represents a problem for EU citizens who wish to exercise their franchise in this country.

I also bring to the attention of the House the example of an Irish elector who would wish to secure a postal vote because the nature of his or her business meant he or she could not attend a polling station on election day. Such an elector would have to submit a statutory declaration to the returning officer, which must be signed. I gave some thought to this issue when it was first raised in the Dáil. I felt that requiring a statutory declaration to be signed by a commissioner of oaths could be somewhat expensive. However, such a declaration can be signed by a peace commissioner, notary public or a commissioner of oaths. If any of our people require and apply for a postal vote, the application must be signed because it is a statutory declaration.

This is a question of even-handedness. If another EU citizen requires to be included in the register, the rules which are applicable in other places where there are similar arrangements are applicable in this country in exactly the same manner. A peace commissioner may sign such declarations.