John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I thank the Leas-Chathaoirleach for his welcome.

I welcome the opportunity to address the Seanad this evening on accessibility issues for voters with disabilities. I am happy to contribute to this debate and to answer any questions Senators may have on this important matter.

Electoral law contains specific provisions designed to make voting as accessible and as inclusive as possible. While much has been achieved in improving accessibility for voting for people with disabilities much more needs to be done. Much of the focus in recent years has been on physical access to polling stations and measures to ease difficulties presented by inaccessible polling stations. It would be useful at this point to outline the various measures that apply. Provision is made for voting at an alternative polling station if a person with a physical disability is unable to vote at his or her local polling station. There is a requirement on local authorities when making polling schemes to seek to select polling places where there will be at least one polling station that is accessible to wheelchair users.There is a requirement for returning officers to give notice of polling stations that are inaccessible to wheelchair users in order to allow the voters concerned to seek alternative arrangements. There is also a requirement on returning officers to put in place practical arrangements in polling stations to make it easier for wheelchair users to mark their ballot papers and place them in ballot boxes. It is also worth mentioning that postal voting is often the preferred option for voters with physical illnesses or disability. For those in nursing homes, special voting arrangements apply.

Despite these measures, a number of polling stations remain inaccessible to voters with physical disabilities. While the number of such polling stations has decreased and is relatively small in the context of the total number nationally, the aim must be to make all polling stations accessible. While we work to achieve that aim, we must recognise also the need to be ready to conduct elections at short notice. To meet this requirement, returning officers must be able to provide a sufficient number of polling stations at every polling place in their constituencies. Polling stations will normally be villages or other population centres and the returning officer will be required to locate polling stations as conveniently as possible for the use of the electorate in each polling station. Where a sufficient number of polling stations cannot, for one reason or another, be provided at the appointed polling station, a returning officer can arrange for polling stations to be provided at any other convenient place. In selecting locations to serve as polling stations, the traditional approach has been to use schools. This is understandable given their generally central locations in communities. It is especially so in rural areas where viable alternatives to local schools may be difficult to find without inconveniencing the generality of voters in an area.

If there are changed circumstances whereby community halls or similar buildings in these areas become more accessible for people with disabilities, they should be considered for use in place of local schools. That has become the case in my area in Kilkenny in recent elections. Where suitable alternative venues which are more accessible have become available, polling centres have moved from schools in certain areas. The Department's guidance document for returning officers advises that they may hire a hall or other premises if they consider that it would be a more suitable arrangement even where a school is available for use locally. Given the need to provide polling stations to conduct elections and referendums, returning officers sometimes select polling stations which are not normally accessible. Even in these cases, however, the Department's guidance document advises returning officers to consider how, reasonably and practically, they can make those polling centres more accessible. For example, suitable ramps may be provided to improve access. To assist returning officers in this regard, the guidance document appends an accessible voting checklist which has been developed using the National Disability Authority's publication, Building for Everyone; a Universal Design Approach, the Irish Wheelchair Association's best practice guidance guidelines of 2014, Designing Accessible Environments, and the guidance and practice on accessible voting available from other jurisdictions.

On balance, what is necessary in this matter is to remain vigilant about the possibility of replacing inaccessible buildings with newer accessible ones wherever and whenever they come on-stream and until such time as the problem is fully rectified. The Department will shortly follow up on an invitation it received from the Irish Wheelchair Association to discuss the accessibility of polling stations. The identification of problem areas and possible solutions will be the focus of these discussions. I look forward to hearing Senators' views on this matter.