Pat Gallagher (Donegal South West, Fianna Fail)

The wording of the amendment would set the commission an impossible task. For example, the amendment refers to "highest standards". Standards always change and the commission's report states the voting machines produced by the internationally accredited company, PTB, are constructed in line with the current general state of technology. This is fluid.

Reference is also made to secrecy and accuracy. The terms of reference cover the secrecy and accuracy of the Nedap-Powervote system and the procedures that surround the operation of the system are set out in the legislation. It is not necessary to outline every step, as that is a matter for the respective returning officers to address, in accordance with the principles of the legislative provisions.

Senator Brian Hayes referred to a positive resolution but neither I nor another Minister could give a commitment in this regard because that is a matter for Government. The commission may make a positive recommendation, given sufficient time. The commission report highlighted it was satisfied with the secrecy and accuracy of the count rules during the pilot project in 2002. If the decision is taken, the Minister will have to come to the House and the issue of count rules will be considered. It is not a fait accompli. The Bill, hopefully, will be signed by the President on Thursday. This must happen if the commission is to be established on a statutory basis so that it can go beyond an interim report. All local authority members will also be affected. There are other factors but when the legislation is passed, e-voting will not be a fait accompli. If the commission makes a positive recommendation, the Minister will have to return to the House later with a short Bill relating to count rules.