Michael Kitt (Galway East, Fianna Fail)

Before I address the amendment, I will address a point raised yesterday by a number of Senators, including Senators Buttimer and Hannigan. The issue of whether the cost of removing posters counts as an election expense will be addressed in guidelines which will shortly issue from the Department. However, the removal of posters after polling day will not be considered as an election expense for the purpose of making a declaration of expenses.

On the issues raised in the amendments, the current exemption from prosecution enjoyed by exhibitors of posters for elections or referenda for a period of up to seven days after the poll provides an adequate and reasonable time to allow for the removal of posters. It is not proposed, therefore, to accept the amendments.

I fully recognise the important role posters can play in informing the electorate and raising awareness of upcoming polls. The Litter Pollution Acts 1997 to 2003 clearly recognise that election posters are an essential part of the electoral process. Section 19(7) of the Litter Pollution Act provides an exemption from prosecution for exhibitors of posters for elections or referenda provided these posters do not remain in place for longer than seven days after the poll. This legislation has been in place since 1997. The proposed amendment to the Litter Pollution Act stipulates that it will only be a littering offence to exhibit election posters if they are in place outside the time limits specified in legislation. This is necessary to control postering to ensure the litter problem does not arise in the first instance.

In the autumn of 2008, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley, held a public consultation in respect of the control of election postering. Of the 117 submissions received during this consultation period from politicians, local authorities, community groups and members of the public, only one included a recommendation to change the time limit allowed for candidates and parties to remove posters following a poll. Non-compliance with this requirement has been one of the main sources of complaints received by the Department in respect of the exhibition of election posters during recent elections and referenda.

It cannot be considered an onerous task for election candidates or parties to ensure they remove posters within one week of polling. The litter legislation places responsibilities on all parts of society to ensure they contribute to keeping Ireland litter free. The provision on election posters will ensure the activities of the polling process do not have a negative impact on the country in this regard.

It is clear from previous polls that posters can be erected quickly. Therefore, it is not clear to me why the removal of these same posters can be a much more time-consuming task. I do not consider that political parties or candidates are being asked to contribute more than that required from all citizens to ensure Ireland remains as free from litter as possible.