Michael Kitt (Galway East, Fianna Fail)

I thank Senators from all sides for their contributions and welcome their comments. It is not possible for me to respond to all points made but we can go into matters in more detail on Committee Stage.

I welcome the acknowledgment that the scheme of spending limits seeks to bring fairness to the electoral process. The joint committee did a great deal on spending limits and the contribution of stakeholders in the field of local government in developing this scheme. I made the point that limits should not be too low or too high when I introduced the Bill.

We must work together on electoral matters, which are central to the effective functioning of democracy. Senators Buttimer, Hannigan and others mentioned the spending limits and the period proposed in the Bill, with many Senators feeling it was not long enough. Bearing in mind the proximity of the forthcoming local elections, 60 days is the maximum period that can be realistically set for the 2009 elections. This period will be double that currently available for Dáil and European elections. It will also be more than double the period for which local election spending had to be declared under current provisions in the Local Elections (Disclosure of Donations and Expenditure) Act 1999.

Senator Coffey sought clarification of arrangements for candidates of a party. Spending limits for local elections will apply to individual candidates in the first instance. Candidates nominated by a political party will be deemed automatically to allocate 10% of their spending limits for use by the party's national agent at national level. A party candidate with a limit of €7,500 would be deemed to have allocated €750 for use by the party. There is, however, provision to allow this figure to be varied upwards or downwards by written agreement between a candidate and the national agent of the political party. The maximum the national agent of the party can spend will be the sum of the amount allocated by the individual candidates. Under the current arrangements for Dáil elections, candidates can allocate a portion of their limit for use by the national agent of their party and this must be done in writing. Given the number of candidates involved in the local elections, however, this approach would create significant administrative difficulties. A default position will therefore apply whereby 10% of the candidate's limit will be deemed to be allocated for use by the national agent.

Senator Coffey also raised compliance with the new provisions and the need for guidelines. While the requirements on compliance with election expenditure limits at local elections may result in some inconvenience to candidates and parties, this should not be significant as statements of election expenditure at local elections had to be provided by political parties and candidates at the 1999 and 2004 elections. Existing councillors who contest the elections will be familiar with the requirements on the disclosure of donations and expenditure at previous local elections. The effect of the new requirement should be marginal, having regard to the fact that the net additional work involved in ensuring the expenditure is not excessive. In the case of new candidates at the election, it is envisaged they will be assisted by the issue by local authorities of comprehensive guidelines setting out the details of the spending requirements.

Senator Glynn asked why larger borough and town councils have smaller limits than county and city council areas. I appreciate the point but while borough and town councils are a key part of local government, the county and city councils have greater administrative responsibilities and are treated differently.

The Minister recently informed the Government that on foot of the public consultation in autumn 2008 on election postering, he intended to initiate pilot schemes in a number of local authority areas during the upcoming local and European elections. These pilot schemes will investigate how various options identified through the consultation process will work in practice with a view to informing future policy development in regard to the control of postering. The options could include a restriction of the number of posters per pole and designation of display areas. The scheme will be voluntary but the Minister will request the support of all candidates in participating areas.

Current legislation is silent on the start date from which posters advertising public meetings, elections or referenda may be erected. The amendment in the Litter Pollution Act will clarify the position. The Minister does not propose to amend the existing seven day post-poll limit for removing posters, as this has operated successfully in previous polls. Once the election is over the posters serve no purpose and can annoy the public. It is not unreasonable, therefore, to require those responsible to remove the posters within a week after the poll. Responsibility for removing posters lies with the candidate who arranges their erection and it is a matter for the local authority to enforce the legislation. Effective enforcement of any legislative requirement is essential to ensure the legislation serves its purpose.

Senators Paddy Burke and Hannigan raised other issues related to post-election posters and I will clarify some of them on Committee Stage but we must check the guidelines first.

Senator Burke raised the issue of the census. I mentioned in my opening remarks that it is important the limit takes account of the fact that shifts in population will occur. If the population of an area increases it is important that allowance is made to revise the spending limits in that area where appropriate. An amendment made to the Bill in the Dáil provides that population data used in setting spending limits will be from the census report setting out the final result of the most recent census of population for the time being in force.

I thank Senators from all sides of the House for their input. I commend the Bill to the House.