Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I am pleased to address the Seanad on the Regulation of Display of Electoral and Polling Posters and Other Advertisements Bill 2022. I thank Senator Pauline O'Reilly for bringing the Bill forward. It has been a useful debate.It has been good to have such a debate outside the context of an electoral event. Usually we have these discussions when an electoral event comes up. It is very important to have a discussion now.

At the outset, I will give feedback on some of the contributions that Senators have made. Senator O'Reilly correctly stated that I successfully ran an election campaign in 2020 without election posters, but I would not recommend it. They did not know who I was in some parts of County Carlow. The other point is that there were election posters up all over the place and still people did not know there was an election on. In many ways, it was probably foolhardy to make that decision. My campaign team was a little bit taken aback when I announced it on local radio but I am here and testament to the fact that election campaigns can be successfully ran without posters. Having said that, I was first elected in 2004 and I was therefore well known in the local community, having successfully contested local elections, and also contested by-elections and general elections. There is a distinct disadvantage for new candidates. It is important that Senator O'Reilly's Bill recognises this.

A number of us met representatives of the men's shed movement a number of weeks ago in Buswells Hotel. They were talking about creative uses of election posters. We have seen such uses. Apparently, they are very good for servicing tractors and excellent for henhouses. There are many other very good uses for the repurposing of election posters that we have seen down the years. One Member mentioned that during one electoral event there were 600,000 posters. Senator Garvey mentioned electoral cycles being every four to five years. They are not. They are perhaps every two to three years. With referendums, perhaps a directly elected mayor for Limerick and other electoral events, one could be talking about millions of posters over four or five electoral events. That is really what we are talking about in scale. We are mindful of that significance.

Some very useful points were made by Senators. Senator Keogan referenced the issue of moving beyond a throwaway society. We have to give consideration to this. It is very important.

Senator Fitzpatrick spoke about the role of the electoral commission. I will address that in my closing comments.

I recognise, as Senators Cummins, Moynihan and others have referenced, that posters are part of the paraphernalia of our electoral system. They are part of the panache, fun and messiness of it. I think that is what Senator Moynihan raised. It is exciting to be involved when the election is announced and we get our posters up on our first day. That is quite important. I also recognise that while there are restrictions on postering in other countries such as Greece, as Senator Boyhan has raised, there are also very different electoral systems.

I am conscious of the contributions of Members. It is a very useful debate but, critically, it will provide a further opportunity for Members to input into the electoral commission as well. The commission is best placed for this. The next electoral event might possibly be for the directly elected mayor of Limerick. It is something of which we need to be mindful.

Senator Byrne referenced the issue of fly-posting and random postering. Although these activities are illegal under the Litter Pollution Act 1997, people continue to engage in them. There was a suggestion at one election of using colour-coded cable ties - green for the Green Party, red for the Labour Party, etc. - to give us an idea who owns the cable ties.

It has been a very useful debate. I thank all the Members for their contributions and Senator O'Reilly for bringing the Bill forward. The requirements for election posters are set out in section 19 of the Litter Pollution Act 1997, the Electoral (Amendment) (No. 2) Act 2009 and the Electoral Act 1992. Posters may only be erected for a certain specified time period before an election. This time period either begins 30 days before the poll date, or on the date the polling day order for the election is made, whichever provides the shorter period of time. Posters must be removed within seven days of polling day. The position on referendums is that posters can be displayed from the date on which the Minister makes the polling day order to appoint the day on which the referendum is being held. Again, referendum posters must be removed within seven days of polling day.

The running of election and referendum communications campaigns has evolved in recent years, with social media increasingly being used to share information on elections and referendums. That has been referenced by a number of Members. While posters continue to remain a central part of communications during election campaigns and referendums, it is important that their utility is examined as we go forward, especially in terms of their impact on the environment and the visual amenity of local areas, in terms of expenditure and, ultimately, in terms of their effectiveness in communicating with the electorate and the public.

Of course, any examination of the issue of election posters must ensure due regard is had to the principle of equality of treatment in electoral practices and respect for voters and candidates. It is for reasons such as this that the programme for Government, Our Shared Future, includes a commitment to examine the use of posters at elections and referendums and to consult on placing limitations on the number of posters utilised. This examination is to be undertaken by the electoral commission which is currently being legislated for by way of the Electoral Reform Bill 2022.

The Electoral Reform Bill 2022 was published in March and is currently progressing through the Oireachtas with Committee Stage due to commence in the Dáil shortly. The Bill will implement the ambitious electoral reform agenda set out in the programme for Government, Our Shared Future. The extensive package of reforms set out in the Bill will address some of the most significant challenges which our electoral system faces today and will create much-needed capacity within our system to anticipate and address new challenges into the future. The Bill contains detailed provisions in respect of four distinct areas.

In the first area, it establishes an electoral commission for Ireland. This independent specialised body will be positioned at the centre of our electoral system to bring a range of existing functions under one roof. It will take responsibility for several new functions which will address emerging opportunities and challenges as our society and electoral environment evolve.

In the second area, the Bill provides the legislative basis for the modernisation of our electoral registration process, which has been referenced by Members this afternoon. It will make registering to vote more accessible and more streamlined by enabling online registration, simplified forms and a continuously updated or rolling register in order that people can update their details at any time.

In the third area, the Bill provides for regulation of online political advertising. The spread of online disinformation in the run-up to electoral events is one of the most serious threats to our electoral system. In response to this threat, the Bill provides for greater transparency in respect of online political advertising during election periods. It will ensure transparency in political advertising and help to protect our electoral processes from hidden interference. These provisions entail bringing the online electoral advertising space into line with our existing regulations around more traditional forms of advertising.

In the fourth area, the Bill includes measures to assist returning officers in running electoral events should public health restrictions be in place due to pandemics such as we have experienced with Covid-19. The Electoral Reform Bill 2022 represents a significant reform of our electoral legislation progress and structures and makes our system more accessible and inclusive.

In addition to these reforms, the programme for Government, Our Shared Future, contains a number of further commitments relating to electoral reform. It is envisaged that these commitments will be advanced with appropriate input from the electoral commission when established. One such commitment, which is of relevance to this debate, is the commitment relating to election posters. The programme for Government provides that the electoral commission will be tasked with:

[examining] the issue of the use of posters at elections and referendums within 12 months of its establishment, and consult on placing limitations on the number of posters that can be used or fixing certain locations for their use. The Government will legislate for its recommendations in advance of the 2024 Local Elections.

It is envisaged that upon its establishment, the electoral commission will undertake an examination of the use of posters at elections and referendums. The Private Members' Bill before us today can be considered along with any recommendations that the commission may make. This approach will allow for a comprehensive consideration of the matter. It will allow the electoral commission to undertake research and consultation as necessary which will robustly inform the development of any legislative changes in this area. In light of this commitment, it would be premature to legislate without allowing the electoral commission to carry out this examination. It would be prudent to allow the electoral commission to undertake this work in advance.

There is another issue of a more technical nature in this Bill to which I wish to draw the Members' attention. Sections 3 and 4 of the Bill propose to amend the Electoral (Polling Schemes) Regulations 2021 and the Planning and Development Regulations 2001. Essentially, these provisions are using primary legislation to amend secondary legislation. This approach would require further detailed consideration in the course of the drafting. As a result of the foregoing, especially the extensive electoral reform programme I am currently advancing, we should wait until the electoral commission has made recommendations on the issue. This work by the commission will add considerable value to any proposals on this matter and will facilitate appropriate research and consultation among relevant parties.In summary, I thank Senator Pauline O'Reilly for bringing the Bill forward. Members will agree that there has been a very useful debate and a broader debate which we have to consider, not just around postering, but its wider context on our political system. This is around the use of precious resources for political parties and candidates on broader issues in informing the electorate and in looking at the transformational changes that are taking place in communications and media over recent years. In that sense, it has been very useful to discuss this Bill and in listening to the contributions of the Members we have had both support and opposition to the Bill. Some would prefer to continue the business as usual of using posters with limited regulation or intervention. It is important in our electoral system. This was alluded to by Senator Pauline O’Reilly in her opening comments, where we really want to use the commission to attract new people into politics. We want that research and advocacy function to encourage people to get involved in our electoral and political system so that our council, Dáil and Seanad Chambers are more reflective of the people that are living here also. That is a very important part of it.

Cost is sometimes a prohibitive factor and it is something that we are all cognisant of when we are filling out our Standards In Public Office Commission forms at the end of an election because the posters, for me, were by far the biggest outlay that I had in previous elections. When I look back at my posters from 2004 and how I look now, one can see what politics does to a candidate. That particular part of it gives us a very exciting opportunity, with the commission, to greatly transform our political and democratic system in Ireland. I, for one, am very excited by that prospect and what it could mean for the electoral system.

I welcome the discussion, contributions and proposals from Members. Senator Pauline O’Reilly’s Bill will be given consideration as the commission moves to give a broader appraisal of the limitation of election posters. I thank the Senator again for bringing this legislation forward. It is a great privilege to be able to speak on it, and I thank all Members for their contributions.