Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

We have debated this particular issue at great length. I know Deputy Ó Cuív has a great interest in this issue. I have instructed the Department's officials to communicate with returning officers on the islands to see if a case could be made for same-day voting and the matter has received great consideration. Having listened to returning officers, we decided to err on the side of caution and have left the decision in the hands of the returning officers. I appreciate the interest shown in this matter. We did give it a lot of consideration. In the interests of the comments made by Fianna Fáil Senators on the voting arrangements for island communities at elections and referendum, and polling takes place on 20 islands off our west and south coast, the decision on when to take the poll on an island is a matter for the local returning officer.

Section 85 of the Electoral Act 1992, the Act that this amendment proposes be repealed, provides for returning officers to have the flexibility to take the poll on an island on an earlier date. A returning officer can do this if he or she is of the opinion that, due to weather conditions or transport difficulties, it would be impractical to take the poll on an island on the polling day appointed by the Minister. Returning officers can do so if they are of the opinion that if the poll was taken on that day it would be impractical to deliver the island's ballot boxes in time for the start of the count at 9 o'clock the next morning.

It is not desirable that the counting for any constituency should be delayed because all of the ballot boxes are not at the count centre. The provisions in the Electoral Acts are there to cater for this scenario. The amendment was tabled in the Dáil and debated both on Committee and Report Stages in the House. When I spoke to it I did not deny that cancellations of island ferry services are few and far between. The fact is that they do happen and we need to provide for such situations. I draw the Senator's attention to the fact that the ferries to the islands were cancelled last Friday and Saturday. With the weather conditions that we have experienced over the past number of days we need to err on the side of caution and leave the decision with the local returning officer.

In my view the returning officer in the constituency is best placed to decide on whether the poll should be taken on an island on an earlier date. It would not, therefore, make sense to repeal section 85 of the Electoral Act 1992 and I will not accept the amendment. What I would say to the good Senator, which may allow a bit of encouragement, is that the election is not very far away. If he comes back as the Minister for the environment then he can make the repeal.