Pat Gallagher (Donegal South West, Fianna Fail)

This amendment, tabled by Labour Party and moved by Senator McCarthy, is not directly related to the Bill and does not represent a clear understanding of the role of the Minister in the conduct of elections. Each of the electoral and referendum legislative codes provides that the conduct of an election or a referendum is clearly the statutory responsibility of the relevant returning officer, in accordance with the legislation covering that poll. The Minister makes a poling day order setting out the polling day and hours of the polls. Very little discretion exists regarding European elections because Europe decided that the selection would take place during the weekend from 10 June to 12 June. Of course, most of the elections in Europe will take place on Sunday, 13 June. The change in the Constitution commits us to having an election every five years and it stands to reason that it should be at the same time as the local elections. This has many benefits. When the Minister discharges his responsibility to set out the polling day and the hours of the polls, he has no role in the conduct of the election except in the case of emergency. The European election is determined at European level and local elections, to a lesser degree, are determined by the legislation.

I referred to the Minister's role in the case of an emergency. The only instance when the Minister might have a role after the polling day order is made is to deal with wholly exceptional circumstances where a difficulty arises, such as a vacancy for returning officer, power cuts or other natural occurrences which would interrupt the poll and where a difficulty order might be required. The difficulty order is fleshed out in other legislation.

The role of the person appointed as director of elections, and in this case the director of elections for Fianna Fáil is the Minister for the Environment, Heritage and Local Government, has nothing to do with that person's ministerial duties under the electoral or referendum Acts. If I were devious, I would have conducted some research. However, I did not do so because it is unnecessary. Nevertheless, the Opposition might be aware that in the period 1994 to 1997, Deputy Howlin, who was a Minister——