Pat Gallagher (Donegal South West, Fianna Fail)

Senator Quinn has brought it to our attention that section 2 does not include software. I refer the Members to the citation in section 1 which provides that the Bill must be read in conjunction with a number of other Acts such as the Electoral (Amendment) Act 2001, particularly section 138 of that Act. It applies to referenda and presidential elections and clearly refers to software.

With regard to the amendment, I do not take issue with what Senator Quinn stated. I can offer him the reassurance I offered yesterday, that we will come back to this subject at a later stage when we receive the recommendations from the commission and the Government makes its decisions on them. It will be necessary to introduce legislation on the electronic voting and counting system and this will be dealt with in the context of that Bill. I do not see a difficulty with the suggestion but I will have to be guided by legal advice and particularly by the Parliamentary Counsel. The summary conviction fine is only €3,500 and the indictment should and would be much higher.

However, the impression should not be given that when electronic voting is in place the system will be capable of being hacked. The machines, either the electronic voting machine or the PC, are stand alone machines and are secure from hacking. The equipment will be under the supervision and control of the returning officer. It can be difficult for one person to cause damage so it is important that the fines reflect this point. I will look at this matter and take legal advice and the advice of the Parliamentary Counsel. I am sure it can be rectified before electronic voting is implemented.