Pat Gallagher (Donegal South West, Fianna Fail)

Amendment No. 1 proposes to insert a new section into the Bill. The Government regards this as unnecessary. The commission's terms of reference in Schedule 5, together with sections 21 and 22, clearly state that the commission's reports will comprise recommendations on the secrecy and accuracy of the system including its application or non-application at the European and local elections on 11 June. In line with its commitment to accept the commission's recommendations, the Government decided not to use the system at the polls next month. We must now await the publication of the commission's next report on which the commission based its conclusion that it was unable to make a positive decision.

The commission stated that its experts reported that the system accurately records and counts the votes. It stated that when used at the 2002 general election the system accurately counted the votes. It is understandable that once the commission decided on its own testing regime it would find it difficult and impossible to complete the testing as the experts engaged by the Department took months to complete their work. The commission would require a further period of time.

The provisions in the Bill adequately provide for the intent of the amendment and therefore I cannot accept amendment No. 1. The first part of amendment No. 4 reflects what will happen when the Bill is enacted. Consequently, I ask Senator Quinn to accept my undertaking in this regard. The commencement order is in line with the first part of his amendment. The second part of amendment No. 4 is akin to amendment No. 1.

In view of the Government's commitment, which is being honoured as regards the elections in June, I do not believe any Government would insist on using any system if the commission expressed dissatisfaction with it. I do not consider it necessary to have the second part of the amendment included in the Bill. The intent of this part of the amendment is already implicit in the first part of the commission's terms of reference and was drawn up in agreement with the commission.

The commission makes its report not to the Minister but to the Ceann Comhairle and then to both Houses of the Oireachtas. In the circumstances I ask the Senators not to proceed with these amendments. There is a commencement order to the Bill which has no major legislative or technical problems associated with it and which will be duly signed by the Minister.

Progress reported; Committee to sit again.