Pat Gallagher (Donegal South West, Fianna Fail)

Amendment No. 7 seeks to extend the description of the offence described in section 2 in relation to the software used or intended for use in the system. The Bill already covers this point, perhaps in a less direct manner. I refer the Senator to section 1(2) which states:

The Electoral Acts 1992 to 2002 and this Act may be cited together as the Electoral Acts 1992 to 2004 and shall be read together as one.

It may be somewhat cumbersome but that is the position. I refer Senator Quinn to the Electoral (Amendment) Act 2001, section 38 (nn) which reads:

In section 138(a) of that Act, there were inserted "or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting" after "or any unused ballot paper".

I fully appreciate the point being made because it would be necessary to refer back and, perhaps it is not as clear as it should be. However, the matter is covered in that Act. I note the strong case made by the Senator that while summary offences are covered indictment is not covered. I give an assurance that if it is recommended by the commission on electronic voting that electronic voting may be introduced then it will be necessary to introduce further legislation to change the count rules. When we are introducing that further legislation, if it is necessary, to deal with the count rules I give an undertaking to Senator Quinn and the House that matter will be considered. While the matter is relevant it is not relevant to this election. This is not a fait accompli. I will have discussions with the Parliamentary Counsel and request it to consider incorporating amendment No. 7. I will also have amendment No. 8, which is linked with the offence, reviewed and ask the Parliamentary Counsel to consider how it can be incorporated in this or other wording. I do not wish to make light of the proposals but one could say the voting machines and the PCs are stand alone and will be secure from hacking and that the equipment will be used under supervision and under the control of returning officers and of the presiding officers in polling stations. The biggest danger is from malicious damage in polling stations. The message needs to go out that such behaviour will not be tolerated and the best means of sending out that message is to ensure the fines are at a realistic level.